HomeMy WebLinkAboutCOM 0492.001 1996-1998 w++ o! a ~ Virginia Goldstein
o°~ y~ ~ Director
Stephen K. Yamashiro yl,i
Mayor Russell Kokubun
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PLANNING DEPARTMENT
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720.4252
(BOS) 961.8288 • Fax (808) 9ti1-8742
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October 17, 1997 _
Honorable James Arakaki, Chairperson
and Members of the County Council
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairperson Arakaki and Members of the County Council:
Amendment to Operating Budget -Planning Department's Request
To Utilize Funds from the Geothermal Asset Fund
Communication 492 ( i1B 1 143)
As requested by your Committee on Finance at its meeting on October 14, 1997, transmitted
for your information are brief summaries of the Geothermal Asset Fund and the Geothermal
Relocation Program. We hope that the information provided meets with your satisfaction.
Should you have any questions, please feel free to contact me or Norman Hayashi.
Sincerely,
~ ~ ~ ~
VIRGINIA G L STEIN
Planning Direct
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CERTIFIED MAIL
October 3, 1989
Maurice A. Richard, Hawaii Regional
Development Manager
Puna Geothermal Venture
101 Aupuni Street, Suite, 1014-H
Hilo, HI 96720
Dear Mr. Richard:
Geothermal Resource Permit Application (GRP 87-1)
Puna Geothermal Venture - 25 MW (net) Development
Rapoho, Hawaii TMR: 1-4-01: por. 2, 3, por. 19, b 58
The Planning Commission at its duly held meeting on
September 19, 1989, considered this Geothermal~Resource Permit
Application and based on the following findings, approved the
project consisting of 10 integrated back-pressure steam turbine and
air-cooled binary cycle turbine power generating modules; up to 30
geothermal wells drilled from 6 well pads; brine and steam
pipelines, pollution control equipment; a brine surge tank and
holding pond; a switchyard; an office, warehouse,, workshop, and
control buildings; access roads; and auxiliary facilities such as
air compressors, fire protection equipment, etc.:
1. The proposed geothermal development activities would not
have unreasonable adverse health, environmental, or socio-economic
effects on residents or surrounding property.
The project will occupy approximately 25 acres of surface
area within a dedicated 500-acre project area located within the
Rapoho Section of the Kilauea Lower East Rift Geothermal
Resource Subzone. Approximately 2.75 acres of land will be
cleared and leveled for each of 6 drill pads, Each drill site-
will be engineered to support the drilling equipment and to keep
_ drilling effluent contained onsite and separate from any natural
drainage. Each well pad will have drilling mud pits; sumps with
gently sloped walls used to temporarily store drilling wastes
which typically consist of rock cuttings, waste drilling mud,
EXHIBIT
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Maurice A. Richard, Hawaii Regional
Development Manager
October 3, 1989
Page 2
cement particles, lost-circulation material and other drilling
mud additives, and other waste drilling liquids. The_high
porosity of the volcanic soils and rock in the site area results
in rapid downward, percolation of rainwater. Concrete pads and
berms will be provided to contain possible spills in areas where
chemicals are handled. Catch basins, culverts, ditches, and
berms will be provided for drainage control.
There are no surface streams or ponds in the vicinity of
the proposed drill sites. Ground water will be protected by
cementing casing into the hole to depths below sea level.
Based upon biological surveys and monitoring of the
Hawaiian Hawk, there are no endangered native species in the
project site; however, other wildlife and natural resources will
be affected by loss of habitat at the drill site and along any
access roads that will be constructed. This habitat loss will
be limited to what has been described as scrub vegetation and
fallow fields where-the primary vegetation is non-native weedy
vegetation and abandoned papaya orchards.
Dnabated geothermal emissions will be vented to the
atmosphere during well cleanout and pipeline clearing. Noise
will be generated during well drilling, construction, and
operational phases of this project.' The sites have been located
in agricultural areas away from urban population
concentrations. The sites will also be located to take
advantage of existing topography and vegetation•to muffle or
block noise from the drilling operations. The, drilling area
will be within an area designated as a 'hard hat' area. The
general public will not be permitted within this area. Average
drilling time for each well will be approximately 45 days, with
up to five wells drilled at each well pad.
The socio-economic impacts of this activity would not be
unreasonable. This project will provide a dependable source of
electricity yet decrease dependence on imported petroleum
products; provide more employment opportunities; increase
personal income and public revenues; and further the
informational base to support decisions leading to energy
self-sufficiency. This project will support goals stated in the
County's General Plan's Energy Element. The economic benefits
and security implications of reducing Hawaii's dependence on
imported fuels for energy production have been recognized for a
long period of time at all levels of government. This has
a~
Maurice A. Richard, Hawaii Regional
Development Manager
October 3, 1989
Page 3
resulted in a general policy of support for alternative energy
research and development. The establishment of Geothermal
Resource Subzones, where exploration and development are
allowable activities, acknowledges the potential higher use of
the lands in volcanic rift zones which are generally of marginal
value for agriculture and other cultural uses, Indigenous
geothermal resources will be developed for the general social
and economic well-being of the residents of Hawaii.
2. The proposed geothermal development activities would not
unreasonably burden public agencies to provide roads and streets,
sewers, water, drainage, school improvements, and police and fire
protection.
There should be negligible impact on public infrastructure
and services. Personnel associated with the drilling and
operations will be small in number. Most of the estimated 23
construction and 19 operations and maintenance jobs at the
proposed project will be filled by local employees. Peak
construction employment is estimated to be as high as 100.
These people will utilize existing facilities and will not
require additional services that are not already provided by the
County.
Traffic through Pahoa will increase especially during
construction. An estimated 35 vehicle round trips per day aze
expected during wellfield and power plant construction. During
normal power plant operations, the traffic generated will fall
to about 10 to 18 vehicle round trips per day. These added
vehicle trips should not add significantly to the existing
traffic levels of 2000 to 3600 vehicles per day at the
intersection of the Pahoa to Ralapana Road (Hwy 130} and the
Pahoa to Rapoho Road (Hwy 132).
Drilling and power plant operations will require no
provisions from public agencies in the form of roads dr--streets,
sewers, drainage, or school enlargement or improvements, and
only the normally afforded police and fire protection will be
expected. Any necessary access roads will be constructed by the
applicant, and water for drilling will be purchased from the
Department of Water Supply from their existing distribution
system or the applicant will develop its own water supply.
Maurice A. Richard, Hawaii Regional
Development Manager
October 3, 1989
Page 4
This project will have its own fire protection system and
will place minimal demands on the Hawaii County Fire
Department. Fire extinguishers are standard equipment on
drilling rigs to control fires associated with drilling
operations. Water used in drilling can also be used to
extinguish any Eires that may develop. In addition. drilling
muds can be pumped onto any fire that may develop in the
vicinity of the rig.-
At this time, cesspools are planned as the disposal method
of approximately 200 gallons per day of domestic wastewater.
This or an alternative disposal method will need to be approved
by the the State Department of Health. -
3. There are reasonable measures available to mitigate the
unreasonable adverse effects or burdens referred to above.
There are mitigation measures to ensure the integrity of
the geothermal wells and to prevent blowouts; including the use
of blowout prevention equipment that can rapidly choke off the
flow of fluids from the well during drilling; the use of
conservative safety factors in designing wells and wellhead
equipment; the installation of two strings of steel casing
cemented in place from the surface into the reservoir caprock;
the use of premium grade casing materials and connections to
strengthen the wellbore; special cement mixtures with high
strength and insulating properties; and regular inspection
procedures to test the integrity of the casing and equipment.
Hydrogen sulfide monitors will be operable at the drill
site and at off-site locations. The applicant will comply with
all federal, state, county, or local rules regarding
environmental monitoring.
During drilling and power plant operations, noise levels
will be monitored at several sites at and adjacent to the
project, and mitigating measures including the relocation of
affected individuals will be taken if noise levels exceed
acceptable levels, r
The drillers will receive safety instructions and
instructions on how to contact emergency facilities in the
area. Phone numbers for police, fire department, hospital, and
other emergency services will be posted in a prominent place at
Maurice A. Richard, Hawaii Regional
Development Manager
October 3, 1989
Page 5
the drill rig, together with phone numbers for the drill
supervisor, principal investigator, field manager, and
appropriate state and .county regulators.
As drilling will be conducted on a 24 houza-a-day, 7
days-a-week basis, the drill site will h_~ lighted during the
hours of darkness to permit continuous operations and to provide
safe working conditions. The rig will be sited so as to be as
unobtrusive as possible and will conform to all Hawaii outdoor
lighting regulations. Copies of Hawaii Outdoor Lighting
Regulations will be provided to the drilling contractor to
insure compliance. After the rig is operational, a lighting
survey will be made, and lights adjusted or shielded as
necessary to cause the minimum impact.
The power plant site will be more than 2000 feet away from
' the residents in Lanipuna Gardens and Pohoiki Bay Estates and
more than 3400 feet away from the residents in Leilani Estates.
There are six residences within a half-mile and another 24
residences within a mile of the power plant site. The
relatively close distance between the project and residents
prompts the developer to employ the most effective air and noise
emission measures.
During normal power plant operation, except for fugitive
leaks, geothermal fluids including H25 will not be released to
the atmosphere. During outages, steam will be released through
rock mufflers after being treated to control the levels of H2S
being emitted into the atmosphere. This abatement will keep the
H2S concentration below levels known to cause health effects.
H2S levels will be monitored to verify the predicted impacts of
this project.
Also during normal power plant operation, noise levels will
be reduced to meet the Planning Commission's guidelines.
Attenuation includes employing engineering measures which range
from cooling fan design and building material selection to
siting the power plant within the saddle of the the adjacent
puu's, orientation of noise emission~~sources away from
receptors, the use landscaping features such as vegetation and
berms, etc. In addition noise levels in the community will also
be monitored to verify the predicted impacts.
Based on the above, we have concluded that the proposed
Geothermal Resource Permit Application has demonstrated that it is
Maurice A. Richard, Hawaii Regional
Development Manager
October 3, 1989
Page 6
consistent with the criteria for issuance of Geothermal Resource
Permits as contained in Rule 12-6 of the Planning Commission Rules
and Chapter 205-5,1(e), Hawaii Revised Statutes, subject to the
following conditions: .
1. This Geothermal Resource Permit giants approval for
those uses and improvements described in the 'Geothermal
Resource Permit Application Amendment for the Puna
Geothermal Venture Project,' dated March 1989, .except as
amended, modified, or conditioned by this Geothermal
.Resource Permit. Except as otherwise described in this
permit, no other uses are authorized by this permit, and
any proposed other uses of the geothermal resource or
improvements to the land, whether to be conducted by the
permittee or a third-party under contract to, or other
agreement with, the permittee, shall be subject to prior
review and approval, consistent with the applicable Rules
of Practice and Procedure of the Hawaii County Planning
Commission. The Planning Director map, upon written '
request of the permittee, approve deviations from_the
Frcz7ect layout and uses permitted---under this Geothermal j
Resource Permit if`
-such--amendments are consistent with the ,
uses permitted and conditions of this Geothermal Resource j
Permit. No action pursuant to any such request for
deviation by the permittee shall be taken without the
written approval of the Planning Director. Amendments to
the Geothermal Resource Permit and its conditions may be
granted pursuant to Article 12-9 of the Rules of Practice
and Procedure of the County of Hawaii Planning Commission.
2, The permittee, its successors, or assigns shall be
responsible for complying with all of the stated conditions
of approval of this Geothermal Resource Permit. Should the
Planning Director determine that there is noncompliance
with the Geothermal Resource Permit or its conditions, the
permittee may be subject to enforcement of the Geothermal
_ Resource Permit conditions and penalties pursuant to
Sections 12-10 and 12-11 of Rule 12 of the Rules of
Practice and Procedure of the County of Hawaii Planning
Commission.
3. The permittee shall grant unrestricted access to the
subject property(ies) to authorized governmental
representatives or to consultants or contractors hired by
governmental agencies for inspection, enforcement, or
Maurice A. Richard, Hawaii Regional
Development Manager
October 3, 1989
Page 7
monitoring of activities subject to or authorized by this
Geothermal Resource Permit. A designated employee shall be
available at all times for purposes of supplying
information and responses deemed necessary by the
authorized governmental representative in connection with
such wo*_k.
4. During the-period of construction of the project, or
during the drilling or testing of any well, the permittee
shall submit a weekly written status report to the Planning
Department which shall include:
a. A brief description of the work undertaken during the
previous week under the Geothermal Resource Permit;
b. A description of the work being proposed during the
next week under the Geothermal Resource Permit; and
c. Any other information that the Planning Department may
reasonably require which addresses the immediate
environmental and regulatory concerns of the County of
Hawaii or the requirements of the Geothermal Resource
Permit.
5. The permittee shall submit a written semiannual status
report to the Planning Department by February 15 (covering
the preceding period of July 1 through December 31) and
August 15 (covering the preceding period of January 1
through June 30) of each yeas. The status report shall
include, but not be limited to:
a. A brief summary of the work undertaken during the
current reporting period under the Geothermal Resource
Permit;
b. A brief summary of the work being proposed over the
next reporting period under the Geothermal Resource
Permit; -
c. The results and analysistof all environmental
monitoring activities undertaken as required by this
Geothermal Resource Permit;
d. A log of any complaints received by the project and
the responses thereto; and
Maurice A. Richard, Hawaii Regional
Development Manager
October 3, 1989
Page B
e. Any other information that the Planning Department may
reasonably require which addresses the environmental
and regulatory concerns of the County of Hawaii or the
requizements of the Geothermal Resource Permit.
6. If any environmental monitoring data collected as
required under this Geothermal Resource Permit indicates
that project operations are czeating, oz have the immediate
potential of creating, excessive health or environmental
effects not otherwise permitted by this Geothermal Resource
Permit, the permittee shall submit such data to the
Planning Department within 48 hours of its identification.
7. The permittee shall maintain a record in a permanent
form suitable for inspection and shall make such record
available on request to the Planning Director or his
designee. The record shall include:
a. Occurrence and duration of any start-up, shut-down,.
and operation mode of each geothermal well and/or
facility;
b. Performance testing, evaluation, calibration checks,
and adjustment and maintenance of the continuous
monitor(s) that have been installed; and
c. All measurements reported in units compatible with
applicable standards/guidelines.
8. Prior to the commencement of any grubbing or grading
activity, the permittee shall:
a. Submit a metes and bounds description of all lands to
be disturbed including but not limited to all
roadways, well pads, steam gathering system corridors,
injection system corridors, power plant site, and
transmission line corridors to Planning Director;
b. Mark the boundaries of these sites to be disturbed in
the field; and
c. Comply with all requirements of Chapter 10 Erosion and
Sedimentation Control, Hawaii County Code (the County
grading ordinance).
Maurice A. Richard, Hawaii Regional.
Development Manager
October 3, 1989
Page 9
9. No construction or transportation equipment shall be
permitted beyond the prescribed boundaries of the areas to
be disturbed.
10. Prior to commencing any geothermal well drilling,
testing, productirt~~, or injection activity approved under
this Geothermal Resource Permit, the permittee shall submit
to, and secure the approval of, the Planning Director of a
hydrologic monitoring program. The program shall, at a
minimum, provide for the quarterly monitoring of water
levels and appropriate chemical species from existing wells
completed within the shallow aquifer in those areas
downgradient of the project area, including the Green Lake
water supply, as well as from a well located within the
project boundary and completed within the shallow aquifer.
The monitoring, sampling, and analysis protocols shall be
clearly defined in the program submitted to and approved by
the Planning Director. The monitoring and sampling shall
be conducted by a qualified contractor, and the samples
analyzed by a qualified laboratory, selected by the
permittee but subject to the approval of the Planning
Director. The selected contractor and laboratory shall
operate under contract to, and shall be funded by the
permittee. The program shall monitor the shallow
groundwater immediately prior to, and during, all periods
of well drilling, testing, production, and injection
activity approved under this Geothermal Resource Permit.
The data obtained shall be submitted to the Planning
Director in accordance with the requirements contained in
this Geothermal Resource Permit for submittal of all
collected environmental monitoring data. The County shall
make random checks of the ground water supply no less than
every two months.
11. If pollution of the shallow ground water is
demonstrated to be occurring from the project construction,
operation or maintenance activities as determined by the
Planning Director in consultation with the Department of
Water Supply and the Department of Land and Natural
Resources, the permittee shall immediately take those
measures necessary to eliminate the source of the pollution
meeting with the approval of the affected agencies. If any
geothermal production or injection well demonstrates that
the integrity of the well casing is lost such that the
shallow groundwaters are being, or may immediately be
Maurice A. Richard, Hawaii Regional
Development Manager
October 3, 1989
Page 10
polluted by the production or injection activity of that
well, the permittee shall, as quickly as practical
consistent with safety and prudent operating practices,
cease the production or injection activity for that well,
and the activity not resume for that well until adequate
casing integrity is restored to the satisfaction of the
Department of Land and Natural Resources.
13, In the event the Department of Water Supply determines
that the existing Green Lake county water source becomes
contaminated by the perntittee's geothermal wellfield
system, the permittee shall immediately provide
alternative(s) to the water supply, including the hauling
of water if necessary as a temporary alternative, which
meet the approval of the County's Department of water
Supply and the State Department of Health.
14. Only nonhazardous drilling mud additives, as
recognized on the 'California Department of Health Services
Drilling Mud Additives Used in Nonhazardous Drilling Muds
and Fluids' list, shall be used during the drilling of the
geothermal wells, and which list shall be on file with the
County Planning Department.
15. All drilling mud solids and drill cuttings shall be
discharged to and contained within the well pad sump. A
disposal site or sites approved by the State Department of
Health, prior to any disposal activity covered by this
permit, shall be provided for sump contents and other waste
materials to be disposed of from the drilling activity.
All sumps/ponds shall be purged in a manner meeting with
the approval of the State Department of Health, In the
event there are no DOH requirements, the applicant and the
Planning Department shall request for guidelines from the
DOH for the purging of sumps and ponds. Said guidelines
shall be available to the community.
16. All geothermal brines, steam condensate, and
noncondensible gases produced during normal project
operations shall be injected into the geothermal reservoir.
17, Prior to commencing any activity approved under this
Geothermal Resource Permit on the project site, the
permittee shall submit to, and secure the approval of, the
Planning Director of an air quality and meteorological
Maurice A. Richard, Hawaii Regional
Development Manager-
October 3, 1989
Page 11
monitoring program. The program shall include provisions
for installation, calibration, maintenance and operation of
recording instruments to measure air contaminant
concentrations, the spec ifie elements to monitored, the
number of stations involved, and frequency of sampling and
reporting. The Planning Dire :tor shall review and approve
the submitted monitoring plan in consultation with and
concurrence of tine State Department of Health. The
monitoring and sampling shall be conducted by a qualified
contractor, and the samples analyzed by a qualified
laboratory, selected by the permittee but subject to the
approval. of the Planning Director. The selected contractor
and laboratory shall operate under contract to, and shall
be funded by the permittee. The program shall monitor the
air quality immediately prior to, and during, all periods
of well drilling, testing, production, and injection
- activity approved under this Geothermal Resource Permit.
The data obtained shall. be submitted to the Planning
-Director in accordance with the requirements contained in
this Geothermal Resource Permit for submittal of all
collected environmental monitoring data.
18. The permittee shall apply 'Best Available Control
Technology' (BACT) for air emissions to .all aspects of the
project to minimize air quality impacts. BACT means the
maximum degree of control for air quality concerns taking
into account what is known to be practical and economically
viable. BACT for each aspect of the project shall be
determined by the Planning Director in consultation with
other appropriate governmental agencies involved in the
control or regulation of -air quality from geothermal
development projects. Such determination shall be made
prior to issuance of any construction permit for that
aspect of the project. BACT shall be subject to review by
the Planning Director every five years, commencing with the
date of approval of the Geothermal Resource Permit for the
wellfield operations, and with the date of full power plant
operation for the power plant.
r
19. The permittee shall control all project emissions of
hydrogen sulfide during normal power plant operation so
that the increase in the ambient hydzogen sulfide
concentration due to these project emissions shall not
exceed 5 ppb at or beyond the project boundary.
L ~
Maurice A. Richard, Hawaii Regional
Development Manager
October 3, 1989
Page 12
20. With regard to air emissions, the permittee shall
submit to the County Civil Defense and the Planning
Department a map and accompanying text that describes
predetermined 'worst casB' impacted areas.
21. Prior to commencing any act~.vity approved under this
Geothermal Resource Permit on the project site, the
permittee shall- submit to, and secure the approval of, the
Planning Director of a noise monitoring program designed to
adequately ensure project compliance with the noise impact
limitations contained in this Geothermal Resource Permit.
The program shall include the monitoring of noise
immediately prior to and during all periods of activity
approved under this Geothermal Resource Permit. The
monitoring and sampling shall be conducted by a qualified
contractor, and the samples analyzed by a qualified
laboratory, selected by the permittee but subject to the
approval of the Planning Director. The selected contractor
and laboratory shall operate under contract to, and shall
be funded by the permittee. This program should also allow
the correlation of any complaints of noise from the public
with the level of measured noise, the meteorological
conditions, and the type of operations which occurred at
the site. The data obtained shall be submitted to the
Planning Director in accordance with the requirements
contained in this Geothermal Resource Permit for submittal
of all collected environmental monitoring data.
22. The permittee shall apply 'Best Available Control
Technology' (BACT) for noise emissions to all aspects of
the project to minimize project noise, BACT means the
maximum degree of control for noise concerns taking into
account what is known to be practical and economically
viable. BACT for each aspect of the project shall be
determined by the Planning Director in consultation with
other appropriate governmental agencies involved in the
control or regulation of noise from geothermal development
projects. Such determination-shall be made prior to
issuance of any construction permit for that aspect of the
project, BACT shall be subject to review by the Planning
Director every five years, commencing with the date of
approval of the Geothermal Resource Permit for the
wellfield operations, and with the date of full power plant
operation far the power plant.
Maurice A. Richard, Bawaii Regional
Development Manager
October 3, 1989
Page 13
23. The permittee shall notify the Planning Department and
any resident within 3500 feet of the permittee's project
boundary who has previously requested such notice, at least
twenty-four (24) hours in advance of the open venting of
perch geothermal well and pipeline cleancat and 14 days
before commencement of drilling. Initial notification to
residents shall-be made in writing, offering the
opportunity to be placed on the notification list. Any
other person may request to be on the list. The permittee
shall notify the Planning Department immediately prior to
the open venting of any geothermal well and pipeline
cleanout. The permittee shall notify the Planning
Department following completion of each geothermal well,
prior to the demobilization of the drilling rig.
24. - IIntil such time as noise regulations are adopted by
the State or County, the permittee shall comply with the
faqllowing guidelines which shall be enforced by the
Planning Department:
a. Durinq power plant and wellfield operations, the
permittee shall not exceed a general noise level of 55
dBA during daytime and 45 dBA at night at the current
nearest residence. For the purposes of these
guidelines, 'night' is defined as the hours between
7:00 p.m. and 7:00 a.m.;
~ b. The allowable noise levels may be exceeded by a
~ maximum of 10 dBA; however, in any event, the
generally allowed noise level should not be exceeded
more than 10 percent of the time within any 2.6-minute
' period, and the permittee shall conduct all operations
so as to minimize the occurrence, frequency, and
duration of this impact noise;
c. The noise level guidelines specified above shall be
- waived only for the specified duration of authorized
open geothermal well venti=ng from all wells, steam
pipeline cleanout periods, and the drilling and
testing of wells from well pads E and F. During these
authorized periods, BACT shall be applied. In
addition, during the drilling and testing of wells
from well pads E and F, the permittee shall meet a
general noise level of 55 dBA during the day and 50
dBA during the night at the current nearest residence;
and
Maurice A. Richard, Hawaii Regional
Development Manager
October 3, 1989
Page 14
d. For the purposes of these noise conditions, the
'nearest residence' is hereby defined as: For three
years following the date of granting of the Geothermal
Resource Permit, that permanently occupied dwelling
i:earest the applicable noise emission point as of the
date of the granting of this permit; for all following
years, that permanently occupied dwelling nearest-the
applicable noise emission point.
e. Sound level measurements shall be conducted using
standard procedures with sound level meters using the
'A' weighting and 'slow' meter response unless
otherwise stated.
25. Pursuant to Article 12-8 of the Rules of Practice and
Procedure of the County of Hawaii Planning Commission,
prior to initiating construction of the project, the
permittee shall submit the following to the Planning
Director:
a. Copies of approved permits and other applicable
approvals for the project from other county, state, or
federal agencies as applicable;
b. Final plans or provisions for monitoring environmental
effects of the project as zequired by this Geothermal
Resource Permit or otherwise required to ensure
compliance with County rules and the rules of the
State Department of Health and Board of Land and
Natural Resources and other permit-issuing agencies;
c. A final plan of action to deal with emergency
situations which may threaten the health, safety, and
welfare of the employees and other persons in the
vicinity of the proposed project site; and
d. A final site plan and elevations of proposed temporary
and/or permanent structure's for the project.
26. Prior to commencing any activity approved under this
Geothermal Resource Permit on the project site, the
permittee shall submit to, and secure the approval of, the
Hawaii County Civil Defense Director a final plan of action
to deal with emergency situations which may threaten the
Maurice A. Richard, Sawaii Regional
Development Manager
October 3, 1989
Page 15
health, safety, and welfare of the employees and other
persons in the vicinity of the proposed project site. The
plan shall include but not be limited to, the following
elements:
a. A description of the project facilities and
operations, with site plans identifying areas of
potential hazards, such as high pressure piping and
the presence, storage and transportation of flammable
or hazardous materials, such as lubrication or fuel
oil, isopentane, hydrogen sulfide, and sodium
hydroxide;
b. A description of emergency services available off-site
to respond to any emergency;
c. A description of the current onsite chain of command
and responsibilities of project personnel in the event
of an emergency= and
d. A description of potential project emergency
situations, such as loss of well control, chemical
spills, hydrogen sulfide exposure, pipeline rupture,
fires, contaminated solids, eta. identifying:
(i) technical data on the nature of the hazard
(for example, the concentrations of hydrogen sulfide
in the various areas and the hazard associated with
these concentrations, the corrosive characteristics of
the abatement chemicals), or any data regarding the
possible aerial extent of each potential emergency
situation;
(ii) the warning systems (such as hydrogen
sulfide detectors) used to alert personnel of the
hazard;
(iii) the location and use of equipment used to
control the hazard (such as fire protection equipment
or isolation valves) or repair hazardous equipment
(such as welding equipment or casing sleeves), and
safety equipment for personnel (such as respiratory
packs), including identification of the personnel
trained in the use of that equipment; and
Maurice A. Richard, $awaii Regional
Development Manager
October 3, 1989
Page 16
(iv) provisions for the monitoring, detection,
and inspection of wells and plant facilities for the
prevention of emergency situations.
e. Provisios to address natural hazards (such as Sava
flows, earthquakes, and storms) that identify warning
systems, 'control options, steps for securing and
shutting down the facility, personnel evacuation, and
notification to appropriate agencies;
f. The location and capabilities of available medical
services and facilities and plans for treating and
transporting injured persons;
g, Evacuation plans, including meeting points, personnel
rosters, and escape routes;
h. Training requirements for personnel, including
procedures for emergency shutdown, handling of
emergency equipment, spill prevention, first aid and
rescue, fire fighting procedures, and evacuation
training;
i. Provisions for periodic emergency preparedness drills
for personnel;
j. Detailed procedures to be used to facilitate
coordination with appropriate federal, state, and
county officials during and after any emergency
situation; and
k. Procedures to be used to identify and inform all
residents within applicable distances of the project
of the possible emergency situations, warAings, and
responses in advance of commencement of project
operations and the methods by which all individuals
affected by a given emergency will be notified and
evacuated, as necessary.
Copies of the emergency plan shall be made available to the
public by the applicant. .
27. Reports and records of emergency situations shall be
submitted to the Planning Department upon occurrence of
such emergencies.
Maurice A. Richard, Hawaii Regional
Development Manager
October 3, 1989
Page 17
28. Within 48 hours after an earthquake registering 6 or
above on the Richter Scale and/or within 48 hours after an
eruption has occurred, all wells within 10 kilometers of
the epicenter or eruptive center, shall be examined for any
physical changes which would alter its downhole integrity.
A report of this examination shall be filed with the
Planning Department within 48 hours of the examination.
Z9, In the event the Hawaii County Civil Defense Agency
determines that an emergency situation resulted from the
permitted geothermal activity, the permittee shall beat all
costs of evacuation. The Hawaii County Civil Defense
Agency shall be responsible for public and media
notification and evacuation of members of the public in the
event the Agency deems such action necessary as a result of
an emergency situation.
30. Prior to the commencement of any surf ace disturbing
activity, the permittee shall conduct an archaeological
survey of those areas planned for surface disturbance not
previously surveyed and submit the results of this survey
to the Planning Department for review and. approval.
31. If construction activities expose any cultural
remains, the permittee shall immediately cease work in the
area of the cultural remains and contact the Planning
Department and the State Historic Preservation Office. As
appropriate, a qualified archaeologist shall be retained by
the permittee to implement any necessary mitigation
measures and monitor further work. work in the affected
area shall not resume until such time that clearance is
obtained from the Planning Department.
32. The lighting used shall not interfere with the
operations at the observatories located on Mauna Rea. To
meet this requirement, the permittee shall comply with the
requirements of Chapter 14, Article 9 of the Hawaii County
Code, relating to outdoor lighting.
33. All lights shall be at a minimum level consistent with
the safety of operations and shall be shielded or directed
away from surrounding residential or populated areas and
not interfere with important biological resources in the
area.
Maurice A. Richard, Hawaii Regional
Development Manager
October 3, 1989
Page 18
34. The permittee shall submit to, and secure the approval
of the Planning Director of a detailed landscaping and
siting plan. The siting plan shall show plan and
elevational views of all proposed temporary and/or
permanent structures for the project. The plan shall also
show the site topography, naiural features and proposed
berms, planting schedules, tree sizes, heights (actual size
of trees to be planted), type of irrigation system, etc.
Installation of approved landscaping improvements shall be
commenced within three weeks from the completion of
construction of each well pad, access road, or other
facility. The plan shall also include:
a. A landscaping maintenance program;
b. A line-of-sight analysis, being especially sensitive
tp views from surrounding residences, of the view
planes from the site property lines, from the
intersection of Leilani Avenue and the Pahoa-POhoiki
Road, for the intersection of the proposed access road
and the Pahoa-Rapoho Road, from the intersection of
Lauone Street and Hinalo Street in Lanipuna Gardens,
and the intersection of the Rapoho-Ralapana Road and
the access road to Vacationland; and
c. To the extent possible, the well sites and power
plant shall be landscaped and sited to reflect the
existing agricultural character of the area, and
utilize native plantings.
35. To the extent compatible with engineering and
aesthetic considerations, all exterior surfaces shall be
rough texture, with no reflective metal, and no reflective
glass surfaces oriented toward surrounding residential or
populated areas within line of sight. The exterior of all
project structures, including fluid conveyance pipelines,
shall be painted in colors so as to blend in with the
surrounding environment.
r
36. The permittee shall submit and secure approval of a
revegetation/site reclamation plan meeting with the
approval of the Planning Director in consultation with the
Forestry Division of the Department of Land and Natural
Resources. When construction is completed on any
individual project site, or if the project area is
Maurice A. Richard, Hawaii Regional
Development Manager
October 3, 1989
Page 19
abandoned, all denuded areas on and around the project site
shall be revegetated in accordance with this plan. Said
plan shall include appropriate security to assure its
implementation in a timely manner.
37. The permittee shall obtain and maintain those bonds
required for project operations by the rules and
regulations of the Board of Land and Natural Resources and
the Department of Health.
38. The permittee shall obtain and maintain builder's .risk
and comprehensive liability insurance for project
construction and operation activities.
39. The permittee shall notify each resident household
within a radius of 3500 feet from any geothermal well at
least twenty four (24) hours prior to, and again the
morning of, any planned venting of that well. Each
resident within this radius of 3500 feet shall be offered
the opportunity to voluntarily leave the area during the
well venting The cost of such voluntary leaving, up to a
maximum of $100.00 per resident or $200.00 pez household,
whichever is lesser, shall be borne by the permittee. Opon
adequate demonstration to the permittee that any such
resident is unable to pursue his normal, legitimate
employment or business activity as a result of such
voluntary leaving, the permittee shall reimburse that
resident for that one day's lost income, in an amount not
greater than $150.00.
40. IIpon adequate demonstration to the permittee that any
adverse alteration of the quality of the water has occurred
as a result of venting to the atmosphere, the permittee
shall .immediately rinse the water. catchment system and
replace the stored water of any water catchment system
within a radius of 3500 feet of any well. IIpon adequate
demonstration to the permittee that any agricultural crop
damage resulted directly from,, any of the permittee's well
venting operations, the permittee shall also provide
compensation to the owner of agricultural operations
located within a radius of 3500 feet of that well. in
either situation, compensation will only be considered if
the agricultural crops and water catchment system are
inventoried and registered with the permittee prior to the
venting. Other requests shall be considered by the
permittee on a case-by-case basis.
Maurice A. Richard, Hawaii Regional
Development Manager
October 3, 1989
Page 20
41. The permittee shall establish and publish a telephone
number for use by local individuals for the lodging of
complaints or inquiries regarding status of operations. A
designated representative of the permittee shall be
available, 24 hours a dap, to respond to any local
complaints oz inquiries.
42. Large vehicle deliveries to the project site shall be
limited to daylight hours. For the purposes of this
condition, daylight hours is defined as the hours between
7:00 a.m and 7:00 p.m. This condition shall not apply foz
vehicles responding to emergencies.
43. An extension of time for the performance of conditions
within the permit may be granted by the Planning Director
• upon the following circumstances: 1) the non-performance
is the result of conditions that could not have been
foreseen or are beyond the control of the applicants,
successors, or assigns and that are not the result of their
fault or negligences 2) granting of the time extension
would not be contrary to the General Plan or Zoning Code;
3) granting of the time extension would not be contrary to
the original reasons for the granting of the Geothermal
Resource Permit; and 4) the time extension granted shall be
for a period not to exceed one (1) year and 5) if the
applicant should require an additional extension of time,
the Planning Director shall submit the applicant's request
to the Planning Commission for appropriate action.
44. All other applicable rules, regulations, and
requirements, including those of the State Department of
Health and the State Department of Land and Natural
Resources shall be complied with.
45. The permittee shall obtain, and comply with the
provisions of, permits to drill, modify use or abandon, as
appropriate, from the State Board of Lands and Natural
Resources for each geothermal well approved under this
Geothermal Resource Permit.
46. The permittee shall obtain and comply with the
provisions of, Dnderground Injection Control Permits, as
appropriate, from the State Department of Health for all
geothermal injection wells approved under this Geothermal
Resource Permit. A copy of the IIIC Permit and any
conditions shall be available in the County Planning
Department.
Maurice A. Richard, Hawaii Regional
Development Manager
October 3, 1989
Page 21
47. The permittee shall obtain, and comply with the
provisions of, Authorities to Construct and Permits to
Operate from the State Department of Health for all
applicable project operations approved under this
Geothermal Resource Permit.
48. The permittee shall secure all necessary approvals and
clearances including Plan Approval pursuant to Chapter 25
of the Hawaii County Code, within one (1) year from the
effective date of the Geothermal Resource Permit.
49. Construction shall commence within one (1) year from
the date of receipt of Final Plan Approval.
50. The permittee shall submit a written semiannual status
report .to the Planning Commission on the permittee's best
efforts to address/comply with the "Other Agreements and
Recommendations' as contained in Section 5 of the final
report on "Mediation of Geothermal Resource Permit
Application 87-1' dated August 21, 1989, regarding but not
limited to the collateral agreements and commitments the
permittee made during the mediation process, and which the
permittee considers to be contractual obligations subject
to the issuance of a satisfactory Geothermal Resource
Permit. The status report shall be submitted by February
15 (covering the preceding period of July 1 through
December 31) and August 15 (covering the preceding period
of January 1 through June 30) of each year.
51. Prior to the issuance of the first
building/construction permit under this Geothermal
Resources Permit (GRP) by the County of Hawaii, the State
of Hawaii and the permittee shall each contribute towards a
Geothermal Asset Fund or other appropriate existing fund
for the purposes of geothermal impact mitigation efforts
within the District of Puna. The permittee's initial
contribution to the fund shall be a sum of $60,000, due
within thirty (30) days after the effective date of this
GRP permit, and annual sums of $50,000 due on or before the
anniversary date of this GRP permit over a period of eight
(8) consecutive years thereafter for a total of $460,000.
Annual contributions thereafter shall be determined between
the permittee and the State of Hawaii or $50,000 annually,
whichever is greater. The State's initial annual
contribution to the Geothermal Asset Fund shall be the net
revenues derived from the resources generated by the HGP-A
well, or a similar amount from other State funding sources
Maurice A. Richard, Hawaii Regional
Development Manager
October 3, 1989
Page 22
less any allocations entitled to the Office of Hawaiian
Affairs and operations and maintenance costs. In the event
that future enabling legislation provides for a percentage
of the State's geothermal royalties to be allocated to the
County, upon concurrence with the County Council, said
royalties may also be deposited to the fund. The
administrateion and expenditure of assets from this
Geothermal Asset Fund shall be in accordance witk, rules,
regulations and procedures developed for that purpose by
the County in accordance with Chapter 91, Hawaii Revised
Statutes, and with participation of Puna rest en s or
representatives thereof, which shall include, but not be
limited to, provisions and criteria to enable the first
priority of distribution for temporary or permanent
relocation of those property owners who are found, •in
accordance with criteria established in the rules, to be
adversely impacted by the activities authorized, provided
that such relief is applied for within a period of one (1)
year of the impact. A priority list of impact mitigation
projects may be established by the County Council or agency
designated by the Council ~in conjunction with Puna
residents or designated representatives thereof, with the
exception of upgrading existing subdivisions in the Puna
District to current subdivision standards and
specifications of the County of Hawaii. Should any other
district(s) of the County of Hawaii be proved to be
negatively impacted by activities authorized under this or
any other subsequent GRP, that district shall receive a
pro rata share of the fund assets as may be determined by
the County Council or agency designated by the Council with
expenditures to follow a prioritized schedule determined as
outlined above. The rights granted to the permittee shall
not be conditioned upon any contribution or further
participation by the State in the fund nor with respect to
the creation, management, and operation of the fund other
than set forth above. •
Sincerely,
•Ga izuno airman
Planning Commission
cc: Mr. Peter Adler
Mediation Parties (list)
DEED
DOA
- DLNR/Honolulu
DOH
Mr. Ralph Matsuda
COUNTY OF HAWAII PLANNING DEPARTMENT
GEOTHERMAL ASSET FUND
GEOTHERMAL RESOURCE PERMIT NO. 2
The Geothermal Asset Fund (GAF) is being established pursuant to condition no. 51 of
Geothermal Resource Permit (GRP) No. 2 issued by the Planning Commission to Puna
Geothermal Venture (PGV) on October 3, 1989. The GRP allowed the establishment of a
geothermal power plant and related activities on property identified as TMK: 1-4-01:2 (por.), 3,
19 (por.) and 58 at Kapoho, Puna District, Island of Hawaii. GRP No. 2 is identified as Exhibit 1.
CONDITION NO. 51
The GRP approved by the Planning Commission, included several performance conditions. One
of these conditions (condition no. 51) required the establishment of a Geothermal Asset Fund.
This condition also required PGV to provide an initial contribution of $60,000 to the GAF and an
annual contribution of $50,000 thereafter. Therefore, all contributions to the GAF are from
PGV, with the except of an initial contribution of $250,000 by the State of Hawaii.
ORDINANCE NO. 95 62
Ordinance No. 95 62 (Exhibit 2) was approved by the County Council on May 10, 1995, by
adding a new section 2-27 to Article 7 of Chapter 2, Hawaii County Code. This ordinance
included the following subsection 2-27(a)(3) which stated that the Planning Commission shall:
Administer, adjudicate and authorize payment from the Geothermal Asset Fund, claims
made against the Geothermal Asset Fund, provided that no payments shall be made, nor
obligation incurred for any claim for which there are insufficient funds in the Geothermal
Asset Fund to satisfy.
No claim made, pursuant to this sub-section will be deemed a claim against the County,
nor will the payment of any claim be construed as an admission of
fault by the County or
its off cers, employees, or agents.
ORDINANCE NO. 95 74
Ordinance No. 95 74 (Exhibit 3) relating to the establishment of a Geothermal Asset Fund was
adopted by the County Council effective June 1, 1995. Specifically, this ordinance allowed the
creation of a special fund known as the Geothermal Asset Fund. This ordinance stated, in part,
that:
(a) The Geothermal Asset Fund shall be funded by payments made by Puna
Geothermal Venture, a Hawaii Partnership, its successors or assigns and the
State of Hawaii, ,for the purpose of compensating persons impacted by geothermal
energy development activities pursuant to the provisions incorporated in
Geothermal Resource Permit No. 2.
(b) Payments from the asset fund shall be administered and expended in accordance
with rules, regulations and procedures developed
for that purpose and adopted by
the Hawaii County Planning Commissions in accordance with Chapter 91,
Hawaii Revised Statutes.
(c) Expenses Incurred by the Planning Commission such as administrative costs
related to geothermal resource permits, geothermal development compliance
activity and processing of claims against the asset fund shall not be charged to
theasset_fund
(d) All interest and earnings accrued
from the money and assets deposited in the
asset fund shall be expended, for the purposes for which this fund has been
created
(e) No claim made, pursuant to this section will be deemed a claim against the
County, nor will the payment of any claim be construed as an admission of
fault
by the County or its officers, employees, or agents.
The denial of any claim made under this Geothermal Asset Fund, in whole or in
part, shall not prevent the claimant from pursuing any other remedy at law
against the Geothermal Permittee and State of Hawaii.
Pi ANNING COMMISSION RULE NO 14 -GEOTHERMAL ASSET FUND
The Planning Commission adopted its rule 14 relating to Geothermal Asset Fund (Exhibit 4) on
October 11, 1995, pursuant to the authority granted by Ordinance Nos. 95 62 and 95 74. The
purpose of the rule is to allow the Planning Commission to authorize payment of money from the
Geothermal Asset Fund to claimant(s) whom the Planning Commission finds has been adversely
impacted by activities authorized or unauthorized by Geothermal Resource Permit No. 2, and to
authorize payment for community approved geothermal impact mitigation projects within the
Puna District. Claims for compensation from the Geothermal Asset Fund may be filed by any
person or organization. Claims may include temporary relocation, medical expenses, business or
economic loss, or any claim of adverse impact which is substantiated by evidence. The rule also
states the GAF may be used for relocation and payment for adverse impacts.
2
The rule provided for the selection (by the Planning Commission) of a claims adjuster for a
period of 5 yeazs to assist in the review of the vazious claims.
CLAIMS ADJUSTER
The Planning Commission selected the firm of Wood & Tait as the claims adjuster. The
Consultant Services Contract (Exhibit 5) for an initial amount of $5,000.00 was executed on
August 29, 1997, for a period of 5 years. Since the $5,000.00 was insufficient to cover the 5-
yeazperiod, additional funding is needed (approximately $5,000.00 per year). According to the
scope of services, the consultant shall:
1. Review the claims filed.
2. Submit recommendations on the claims filed to the Planning Commission.
3. Recommend to the Planning Commission whether or not the claim has merit, and
if so, what amount of compensation.
GAF ACCOUNT
The GAF account was established pursuant to Ordinance No. 95 74. As a result of the initial
contributions by PGV and the State of Hawaii, and the annual contributions by PGV, there is
$888,738.38 in the GAF account as of October 15, 1997.
COMMUNICATION 492 SILL 1431
The Planning Department, through the Finance Director, is requesting to utilize portions of the
funds in the GAF account to implement the GAF program. Communication 492 requested the
following appropriations:
1. Consultant Services $ 25,000.00
2. Payment of Claims $178,000.00
TOTAL REQUEST $203,500.00
f:\wpwin60\dept\summary.gaf-October 17, 1997
3
SECTION 2. Severability. If any provision of this
ordinance, or the application thereof to any person or
circumstance, is held invalid, the invalidity does not affect
other provisions oz applications of the ordinance which can be
given effect without the invalid provision or application, and
to this end the provisions of this ordinance are severable.
SECTION 3. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
i
_ ~
CO L ME ER, C UNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: Decanber 15, 1995
Date of 1st Reading: Decanber 15, 1995
Date of 2nd Reading: January 3, 1996
Effective Date: January 12, 1996
i A3~PItaYED as to
~ sr ;..1 and LEGALI'PY
....a~w~~..k.__Q`'~
DEPU~i _ ^-C' "-.?ICN COUNSEL
~.:^~I!7J~~(QCF HAWAII
Dure.__.'IR IaV
OFFICE OF `THE COUNTY CLERK
County of Hawppaii~~
Hilo Hatlsuii r ~ ~"E
' 96 JflN 12 P(~ 1 53
C, i .,r ~ ?1R LL VOTE
GOIIWTY OF HAW 14YE5 NOES ABS EX
ntroduced By: James Y. Arakaki Arakaki
)ate Introduced: Decenber 15. 1995 X
Decenber 15, 1995 Bonk-Abramaon X
'first Reading. X
'ublished: Decenber 22, 1995
De Lima X
2EMARKS: Domin
Osorio X
Rath X
~ X
Satith X
S 1 0 0
ROLL CALL VOTE
Second Reading: January 3 , 1996 AYES NOFS ABS EX
To Mayor: January 4 , 1996
fumed: January 12, 1996 X
.ective: January 12, 1996 B°nk"Abrm"s°n X
Published January 24, 1996 Childs X
De Lima X
REMARKS: Domin X
Osorio X
Rath X
Ray X
Smith
S 1 0 0
i DO HEREBY CERTIFY that tke foregoing BILL was adopted by the County Council and published as
indicated above.
COSUN~Ci~L
C~H~AIRMAN~~~
COUNTY CLERK
Appro ed/Dirwrpwwd this f?' day
of-~`~~ 19~.
h , COUNTY O HA All Bill No.: 105
Rcferexu: C-503/FC-.183
Ord No.:
L *.R.~ARA BELL KAIPO KINCAID
C: ,:nty Clerk Deputy County C:~rc
R'd~ d':"~ CONSTANCE R. KIP.
[rzislntiae Auditor
OFFICE OF `THE COLII~`rY CLERK
County of Hawaii
Hawaii County Building
25 Aupuni Strca
Hib, Hauau 96720 tn~ ~ ~
tS`
.L . i0
~
July 3, 1996
S
Yj V
The Honorable Mazie Hirono /
Lieutenant Governor
State of Hawaii
State Capitol Building
Honolulu, HI 96813
Dear Ms. Hirono:
Pursuant to HRS 91-4, enclosed is the original and one copy of
Planning Department's Rule 10, Geothermal Relocation Program, County
of Hawaii, State of Hawaii.
We trust that this submission is in order.
Sincerely,
Barbara Bell
County Clerk
Encl. - 2
ac: Ombudsman
Corporation Counsel
State Law Library
,Planning Department
EXHIBIT
a
PLANNING DEPARTMENT
COUNTY OF HAWAII
RLTi_.. 10. ~ .07'HRRMAi.RFinre~rrnivpunr_ve~,r
10-1 Authority
Pursuant to the authority conferred upon the Planning Department by Ordinance No. 96 2,
the rules and regulations hereinafter contained are established to provide for the
establishment of a geothermal relocation program and geothermal royalty fund.
10-2 purpose
The purpose of this rule is to authorize the Planning Department to establish a geothermal
program for the relocation ofowner-occupants residing near the Puna Geothermal
Venture facility.
10-3 Criteria to O~ali for ,enthermal R .location Proeram
The geothermal relocation program shall initially apply only to owner-occupants and the
highest priority shall be given to those individuals who:
(a) Reside within a one (1) mile radius ofthe Puna Geothermal Venture facility;
(b) Purchased their dwelling unit before October 3, 1989 or received a building permit
for the dwelling unit before that date and final inspection for the dwelling has been
completed by the Department of Public Works, Building Division; and
(c) Express a desire to relocate.
In the event that funds are initially insuff sent to purchase all of the dwellings and
properties, those located closest to the PGV'facility shall be purchased first.
10-4 Procedures for the Purchase of the affected Dwelli~ and ,~o
(a) The Planning Director may solicit the assistance of a qualified real estate appraiser
and/or real estate broker to assist in implementing the procedures for the
relocation of the affected owner-occupants, including the negotiation for the
purchase of the affected dwellings and properties.
(b) The real estate appraiser and/or real estate broker shall, on behalf of the Planning
Director, do the following:
Gtkc~^~--; ~ ,
f F/.+ , .
~J ~ '
Con._. t all affected owner-occupants by cea afied mail as to whether they
would be interested in relocating and selling their respective dwellings and
properties to the County.
(2) Upon receipt ofthe notice, the owner-occupants shall have sixty (60) days
in which to respond in writing of their desire to be relocated.
(3) Within sixty (60) days ofrsceipt ofthe owner-occupants'response, the real
estate appraiser and/or real estate broker shall negotiate a purchase price
with the affected owner-oocug3nis. The purchase of the affected
properties shall be at a rate of not more than one hundred thirty percent
(130%) ofthe assessed value, as determined by the Real Property Tax
Division ofthe Department ofFinance.
(4) The real estate appraiser and/or real estate broker shall then present to the
Planning Director the negotiated purchase price for approval.
(5) The real estate appraiser and/or real estate broker may work with the
escrow company to effecarate the purchase ofthe properties, including a
title search and the preparation of a property description as necessary.
10-5 Notification to Department of Finance
Upon successful negotiation of a purchase price with the owner-occupant and upon
receipt of a deed, the Planning Director shall notify the Finance Director that disbursement
from the Geothermal Royalty Fund may be made to purchase the affected dwelling and
property. The Planning Duector shall pay the funds to the owner-occupant upon receipt
of title to the property.
10-6 Creation of a Geothermal Royce Fund
The geothermal relocation program shall be funded with proceeds from the following
sources: _
1
(a) ,Geothermal royalties received from the State of Hawaii Department of Land and
Natural Resources;
(b) Proceeds from the sale of properties purchased under this program; and
(c) Rental fees from any of the properties purchased under this program.
2
10-7 F.xpPnditurec from G ~thermai Roya~y Fund
The proceeds from the fund shall be used for the necessary expenses in administering and
carrying out the purposes of the geothermal relocation program. Expenditures relating to
the geothermal relocation program include, but are not limited to:
(a) The costs of any necessary appraisals required under the geothermal relocation
program;
(b) The payment of necessary fees and expenses;
(c) The costs for the purchase of an affected dwelling and property; and
(d) The costs necessary to dispose of or rent an affected dwelling and property.
10-8 Severability
If any portion of this rule, or its application to any person or circumstance, shall be held
unconstitutional or invalid, the remainder of this rule and the application of such portion to
other persons or circumstances shall not be affected thereby.
PLANNING DEPARTMENT
CpUNTY OF HAWAII
VIRG LDSTEIN DATE
Planning Dire or
APPRO A ORM AND LEGALITY:
~jj
~c~ l~~
RI WURDEMAN DATE
Corporation Counsel
APPROVED:
,7 ~ ;r u `u
S THEN AMASHIRO DA
Mayor
I hereby certify that the foregoing rule was received
and filed in the Office of the County Clerk this 28th day of
June, 1996.
3
COUNTY CLERK
CONSULTANT SERVICES CONTRACT
THIS CONTRACT, made by and between the COUNTY OF HAWAII,
a municipal corporation by STEPHEN K. YAMASHIRO, its Mayor,
hereinafter referred to as "County," and REAL ESTATE SERVICES,
INC., whose mailing address is P. O. Box 2665, Kamuela, Hawaii
96743, is hereinafter referred to as "Consultant."
Witnesseth•
WHEREAS, the Council of the County of Hawaii adopted
Ordinance No. 96 2 effective January 24, 1996, relating to the
establishment of a Geothermal Relocation Program and Geothermal
Royalty Fund; and
WHEREAS, the Council of the County of Hawaii authorized the
Planning Department to establish a geothermal relocation program
for the relocation of owner-occupants residing near the Puna
Geothermal Venture's facility; and
WHEREAS, the Planning Department amended its rules effective
July 8, 1996, by adopting its Rule 10 relating to Geothermal
Relocation Program; and
WHEREAS, the Planning Department's Rule 10 states that the
Planning Director may solicit the assistance of a qualified real
estate appraiser and/or real estate broker to assist in
implementing the procedures for the relocation of the affected
owner-occupants,: including the negotiation and purchase of the
affected dwellings and properties; and
WHEREAS, the Consultant is a qualified real estate appraiser
and broker; and
WHEREAS, the Consultant is familiar with the real estate
market within the Puna District, which includes properties within
the surrounding area of the Puna Geothermal Venture facility.
NOW THEREFORE, in consideration of the premises set forth
herein, the parties hereto agree as follows:
A. Employment of Consultant. The County hereby agrees
to engage the Consultant and the Consultant nereby agrees to
perform the services hereinafter set forth. All of the services
required hereunder shall be performed by the Consultant or under
its supervision, and none of the work or services covered by this
contract shall be subcontracted without the prior written
approval of the County Planning Director. The consultant is
permitted to place each transaction (purchase and resale) with an
escrow company. The normal and reasonable activities of escrow
including survey, title search, documentation and other
activities will be performed by the escrow and associated
EXHIBIT
E
entities. The normal and reasonable associated cost of escrow
and related activity will be borne by the County and paid through
escrow. The Consultant may list or co-list, rent or co-rent the
properties acquired by the County that are the subject of this
agreement. The normal and reasonable cost of escrow, listing or
renting shall be paid by the County and are over and above the
compensation detailed in this agreement. The Consultant
represents that it has or will secure all personnel required in
performing the services under this contract.
B. Best Effort. Consultant agrees that it will, at all
times, faithfully, industriously, and to the best of its ability,
experience, and talents, perform all of the duties that may be
required of it pursuant to the express and implicit terms hereof
to the reasonable satisfaction of the County.
C. Scope of Services. The Consultant shall do, perform
and carry out in a satisfactory, and proper manner, as determined
by the Planning Director of the County of Hawaii or as may be
modified by written agreement by the parties as hereinafter set
forth, the following services:
1. The Consultant shall prepare a list of properties
by Tax Map Key that are within one mile radius of
the Puna Geothermal Venture facility.
2. The Consultant shall decide through the County of
Hawaii Department of Public Works, Building
Division records and the Finance Department, Real
Property Tax Division records as to those owner-
occupied residences constructed before October 3,
1989 or received a building permit for the
dwelling unit before that date and received final
inspection from the Building Division.
3. The Consultant shall decide through Real Property
Tax Division records as to which dwelling units
constructed prior to October 3, 1989, are owner-
occupied.
4. The Consultant shall contact owner-occupants by
certified mail as to whether they would be
interested in relocating and selling their
dwellings and affected properties to the County.
The owner-occupants will have sixty (60) days in
which to respond in writing of their desire to be
relocated.
5. Within sixty (60) days of receipt of the owner-
occupants~ response, the Consultant shall
2
negotiate a purchase price with the affected
owner-occupants. The purchase of the affected
properties shall be at a rate of not more than one
hundred thirty percent (130$) of the assessed
value, as determined by the Real Property Tax
Division.
6. The Consultant shall present to the Planning
Director the negotiated purchase price for
approval.
7. The Consultant may work with the escrow company to
effectuate the purchase of the properties,
including a title search and the preparation of a
property description. Normal and reasonable costs
of escrow and title transfer shall be borne by the
County in addition to the fees and costs itemized
in this agreement.
8. The Consultant shall assist in the re-sale of the
purchased properties, including the rental of the
dwellings. The Consultant may list or co-list and
rent or co-rent the properties acquired by the
County and the County shall pay, in addition to
the itemized compensation and expenses in this
agreement, the normal and reasonable costs of
rental and sale.
9. The Consultant shall be responsible for the
submission of monthly progress reports on the work
performed. The report shall include a description
of the actual work completed during the reporting
period.
The affected County departments and agencies will assist the
consultant in the preparation and confirm the items detailed
above.
D, Services of the County.
1. The Planning Department shall place at the
disposal of the Consultant all pertinent
information that i~ may have in its possession or
to which it may have access to.
2. The Planning Department shall cooperate fully with
the Consultant and shall coordinate all
information needs and requests of the Consultant,
including but not limited to arranging for
consultant's access to various County departments
for information relevant to this contract.
3
3. The Planning Department shall process payments to
the Consultant.
E. Terms of the Contract. The services of the Consultant
under this contract shall commence immediately upon execution of
this contract and shall remain in effect for a period of one year
thereafter. If the Consultant's work is delayed by indecision or
lack of information on the part of the County, the Consultant may
request an extension of time for performance of such tasks. The
County may grant a reasonable extension and shall notify the
Consultant of any extension in writing.
F. Compensation. The total fee for this contract is
THIRTY-FIVE THOUSAND AND NO DOLLARS ($35,000.00). The Consultant
may submit and shall receive partial payment of the total
compensation amount as agreed to by the Planning Director.
Payment shall be made upon presentation of progress reports
indicating work performed. It is further expressly understood
and agreed that ten percent (10%) of the total contract shall be
retained by the County and shall be paid only upon final
completion and acceptance of all services performed under this
contract.
G. Ownership. It is understood that the County is the
exclusive owner of all work products developed by the Consultant
for the County and that the Consultant is prohibited from selling
such work to other parties.
H. Emplovment Status. It is agreed and understood
that the Consultant shall not be entitled to the benefits and
privileges of an employee of the County of Hawaii under the
County's Civil Service System, and it is further agreed and
understood that the Consultant shall be excluded from
participating in any fringe benefits resulting from work
performed under this contract.
I. Termination. This contract may not be terminated by
either party except by mutual agreement on ten (10) days written
notice to the other. In the event of any violation by the
Consultant of any of the terms of this contract, the County may
elect any remedy available to it in law or in equity without
limitation, including, but not limited to termination of this
contract for independent professional services without prior
notice in which event the County shall be liable to pay for such
satisfactory services performed as of the date of the breach of
this contract. All materials, data, documents, or information
gathered, compiled, produced, or obtained pursuant to this
contract shall be the property of the County, and the Consultant
shall immediately, upon termination of this contract, deliver
over said materials to the County.
4
J. Modification of Contract. No waiver or modification
of this agreement or any covenants, conditions, or limitations
herein contained shall be valid unless in writing and duly
executed by the party to be charged therewith, and no evidence
of any waiver or modification shall be offered or received in
evidence of any proceedings, arbitration, or litigation between
the parties hereto arising out of or affecting this agreement,
or the rights or obligations of the parties hereunder, unless
such waiver or modification is in writing, duly executed as
aforesaid, and the parties further agree that the provisions
of this section may not be waived except as herein set forth.
K. Changes. The County may from time to time require
changes in the scope of services of the Consultant to be
performed hereunder. Such changes, including any increase or
decrease in the amount of the Consultant's compensation, shall be
incorporated by written amendment to this agreement.
L. Liability. The Consultant shall indemnify, defend,
and hold harmless the County from claims, suits, actions,
damages, and costs resulting from its errors, omissions, and
negligent acts in the performance of these services.
M. j~ssianment. Portions of this contract may be
subconsulted; however, not without the County's prior written
permission.
N. Non-Discrimination. The Consultant agrees that it
will not discriminate against any employee or applicant-for
employment because of race, color, religion, sex, or national
origin. The Consultant will assure that applicants for
employment and employees are treated fairly during employment
without regard to their race, color, religion, sex, or national
origin. Such actions shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection of
training.
O. Tax Clearance. In accordance with Section 103-53
and 237-45, Hawaii Revised Statutes, the final payment on this
agreement shall not be settled until the Consultant obtains
receipt of a tax clearance from the Tax Commissioner to the
effect that all delinquent taxed levied or accrued under State
statutes against the Consultant have been paid.
P. Ion-Gratuity Affidavit. A non-gratuity affidavit form
will be required to be executed by the Consultant before final
payment will be authorized.
5
< .
IN WITNESS WHEREOF, the parties hereto have caused this
contract to be executed this Iz day ofp~r,l i-996.
N.p,
COUNTY OF HAWA/II
~ c~-~.-~
~ EPHEN t. YAMASHIRO
Mayor
CONSUIyTANT
"r) i
PETER YOUNG, President
REAL ESTATE SERVICES, INC.
RECOMMENDED FOR APPROVAL: J
~SV~
VIRG NIA GO DSTEIN
Planning Di ector
APPROVED AS TO FORM
yAND~LEG/ALITY:
V LQ,.,~„~ 1 ~7
RICHARD WURDEMAN
Corporation Counsel
6
4
Contractor.~2eal Estate Services. Inc.
Contract Period:~mmediately upon execution of contract to NTE one vear
I certify that the duties only require a portion of the provider's time and it is
impracticable to ascertain or anticipate the portion of time devoted to the
service of the county.
This certification is made pursuant to HRS §76-77(12).
93/25/96
Date Directorbf Personnel, County of Hawaii
CERTIFICATION OF AVAILABILITY OF FUNDS
I hereby certify that on the date of filing of this contract or agreement with the Director
of Finance, there remains an unexpended amount of $35,000.00 in 095-141-5143.02-115
CONSULTANT -GEOTHERMAL RELOCATION PROGRAM
Real Estate Services, Inc.
sufficient to cover the obligation of the County of Hawaii under this contract.
Dated at Hilo, Hawaii Mar. 6, 1997
Contract No, 97167 " j) L, U.
Director flFi=nlance, CUou~nt--y--((o33--E
H~~awaii
STATE OF HAWAII )
} ss:
COUNTY OF HAWAII )
On this day of ~nv~l 19~,,
before me, the undersigned Notary
Public, person lly appeared STEPHEN K. YAMASHIRO, to me
personally known, who, being by me duly sworn, did say that
he is the Mayor of the COUNTY OF HAWAII, a municipal
corporation of the State of Hawaii; that the seal affixed to
the foregoing instrument is the corporate seal of said COUNTY
OF HAWAII; that the foregoing instrument was signed 'and
sealed on behalf of COUNTY OF HAWAII by authority given to
said Mayor of the County of Hawaii by Section 5-1.3(g) of the
County Charter, County of Hawaii (1991), as amended; and said
STEPHEN K. YAMASHIRO acknowledged said instrument to be the
free act and deed of said COUNTY OF HAWAII.
i
Nota Publi State of Hawaii
My commission expires:d aoo
Z.s.
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
On this 3~-c~% day of 1996, before me personally
appeared Peter Young, President of Real Estate Services, Inc.,
to be known to be the person described in and who executed the
foregoing instrument, and acknowledged that he executed the same
as his free act and deed.
Notary Public, State of Hawaii
My commission expires: / 5
8
To the best of my knowledge, based on my research, the combined multiple functions fisted
in the contract between the County of Hawaii and Real Estate Services, Inc. have not been
previously performed by civil servants within the State and each county's jurisdiction
throughout the State of Hawaii. We do realize, however, that certain functions taken (these
include the data gathering portion and appraisals) individually may have been done previously
by civil service employees.
Signed ~ ~ ~V~t't "
VIRG IA GOL S IN
Plannin Director
Date:
c
COUNTY (yr' HAWAII y STATE OF HAWAII
BILL NO. 14
9'7 23
ORDINANCE NO.
AN ORDINANCE TO AMEND ORDINANCE NO. 96-72, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30,
1997.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 96-72, as amended, is hereby further
amended by appropriating revenues in the following amount to the fund
as set forth in Section 2.
Account No. our Fun Amount
095-000-3201.71 Geothermal Royalties Geothermal Royalty $148,000
095-000-3609.10 Fund Bal from Prev Year 348,192
$496,192
SECTION 2. The foregoing amount as specified in Section 1
hereof is hereby appropriated to the following fund and expenditure
accounts as set forth herein below:
Account No. Function and Activity Fund Amount
095-141-5143.01-011 Geothermal-Reg S&W Geothermal Royalty $487,457
095-141-5143.02-115 Geothermal-Misc Cont Serv 978
095-801-5802.31-341 Geothermal-Pension Accum
095-801-5802.34-341 Geothermal-FICA Employer Share 461
095-801-5802.38-341 Geothermal-Employee Health Plan $496,192
SECTION 3. This ordinance shall take effect upon its approval.
RODUCE ~X:
f
COUNCIL ER, COUN'~SC OF HAWAII
Hilo, Hawaii
Date of Introduction: February 7, 1997
Date of 1st Reading: February 7, 1997
Date of 2nd Reading: February 19, 1997
Effective Date: February 27, 1997
REFERENCE Gomm• Ss
EXHIBIT
OFFICE OF THE COUNTY CLIItK
County of Hawau p
Hilo .Hawaii RE~~I'J~p
's7 FEe zs fln z ~
T,RQLL CALL VOTE
UNTY Q NOES ABS FX
Introduced By: Aaron Chun4 Arakakf X
Date Introduced: February 7 T 997 Chung X
First Reading: February 7, 1997 Leithead-Todd R
Published: February 14 , 1997
Ray X
RE.~fARKS: Reynolds X
Santangelo X
Smith X
Tyler X i
Ya on X
8 1 0 0
ROLL CALL VOTE
Second P.eading: February 19, 1997 AYE, NOES ABS FJ(
To Mayor: February 20 1997 Arakaki X
Returned: February 28 1997 Chuna X
Effective: February 27 1997
Published March 7. 1997 Leithead-Todd X
Ray X
REMAP.KS: Reynolds X
Santan elo X
Smith X
T ler X 1---~
Ya on X - ~ I
5 3 1 0
7 DD HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. APPROVED AS TO
FORM AND LEGALITY:
CIL CHAIRMAN
EPUTY CORPORATInN Ct9LItGSEL
COUNTY OF HAWAII ~ .~l`
Date ~ ~ ~ ~ X97 COUNTY'wCL-E~R~KG
Approved/Diaeppreved this ~7 day
o
f l ~t~~luwi . 193_.
~~"'-c_~
OR, COUNTY F HA WAIL Bill No.: 14
C-59/FC-23
Referrnce.
Ord No.:
• aEPART!~''~ OF FSNA_uCE -
_ ~
~rfFS•r FOR f~DNCIL. ACTION
DEPARTMENT; ~lanninq DATE; 12/5/96
STAFF CONTACT: Virginia Goldstein, Director pg0~: .EXT. 8288_
A. REOIIEST•
The Planning Department requests to utilize the funds frrxn the Geothermal
Royalty Fund to implement the Geothermal Relocation Program as authorized by
County Council Resolution No. 96 2 and in acco_xdance with the Rule 10 of the
departrnent's Rules of Practice and Procedure. The total contribution on hand
within the Geothermal Royalty Fund as of this date is $422,231.36.
At this time, we would like to set up.an account and appropriate the amount as
follows:
g, asrlrr.RnrruO AND nSSTIFICATION (VSE ADDITIONAL SHEETS AS NEEDEDI:
1. Consultant Services: To enter into a consultant services contract with
a real estate appraiser to assist in implementing the procedures for the
relocation of affected landowners, including the negotiation and purchase
of the affected dwellings and properties. The consultant services con-
tract will be in the amount of $35,000.00
2. Clerk-Typist: .Funding for a clerk-typist position for a period of six
months (January 1, 1997 - June 30, 1997). The clerk-typist will assist
in all clerical work and typing relating to geothermal matters, including
assistance *egi~i*•ed in implementing the GeothPT*„ai Relocation Program.
The total projected expense for this position for a 6-month period,
including fringe benefits, will be $14,000.00
3. Anticipated Purchase of Real Properties/Dwellings. $370,000 within the
Gsothennal Royalty Fund will be appropriated to pay the landowners for
the purchase of their real properties and dwellings. Additional appm-
psiations will be made as additional funds become available. An
approximate amount of $37,000.00 is received quarterly towards the
Geothermal 12~yalty Fund.
1f Q I 131996
v ~UrV DATE: ~O~
IGNED:
partment Head
COUNTY Or HAWAII STATE OF HAWAII
BILL NO. 20
(DRAFT 2)
ORDINANCE NO. 95 62
AN ORDINANCE RELATING TO THE PLANNING COMMISSION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Article 7 of Chapter 2 of the Hawaii County
Code, as amended, is hereby amended by repealing the following:
[Section 2-27. Employment of staff; incurring
expenses.
(a) The planning director shall have the power
to employ such experts, assistants, and clerks as may
be necessary to perform the duties of the planning
commission and for which appropriations and funds have
been provided by the council.
(b) The commission may incur expenses which are
necessary and proper and for which appropriation has
been made by the council.]
SECTION 2. Article 7 of Chapter 2 of the Hawaii County
Code, as amended, is hereby further amended by adding a new
section, to be designated as Section 2-27, and to read as
follows:
5e~tion 2 27 Planning commission
S ) There shall be a planning commission made up
of nine members as provided for by charter. The
Commission shall:
(1) Perform such duties as are prescribed
by the charter.
(2) Perform such other duties as are
assigned to it by state law or this code.
EXHIBIT
2
(3) Administer adiudicate and authorize
anent from the Geothermal Asset Fund claims
made against the Geothermal Asset Fund, provided
what no payments shall be made nor obligation
;nom rrcA far any claim for which there are
fficient funds in the Geothermal Asset Fund
to satisfy.
No claim made pursuant to this sub-section
will be deemed a claim against the County nor
will the payment of any claim be construed as an
admission of fault by the County or its officers.
Pmplovees or agents
re) The commission may incur expenses as
are necessary to carry out these duties for which
an appropriation has been made by the council.
The planning director shall provide the
^TMmission with such administrative support as is
necessary.
SECTION 3. Section 2-30 of the Hawaii County Code, as
amended, is hereby further amended to read as follows:
Section 2-30. Publication of notice.
Whenever published notice of a Commission meeting
is required, it shall be provided in accordance with
state law. Lby any provision of this article, it
means notice by. publication in a daily newspaper of
general circulation in the County for two days, the
first publication to be at least ten days prior to the
date of meeting, and the second, two days prior to the
meeting.]
SECTION 4. New material is underscored. Material to be
repealed is bracketed. In printing this ordinance, the
brackets, bracketed material and underscoring need not be
included.
SECTION 5. Severability. If any provision of this
ordinance, or the application thereof to any person or
circumstance, is held invalid, the invalidity does not affect
2
other provisions or applications of the ordinance which can be
given effect without the invalid provision or application, and
to this end the provisions of this ordinance are severable.
SECTION 6. This ordinance shall take effect upon its
approval.
NTRODUCED HY:
COU COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: April 19, 1995
Date of 1st Reading: April 19, 1995
Date of 2nd Reading: May 3, 1995
Effective Date: May 10, 1995
~p ~:3 as to
~ i v s.
.a, ,
i 1~
J l ' CORPGR?.T'OiJ COUNSEL
i COUNTY O. HA~iJA,il
S 9/ys
3
nFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii •
m,r•: i i i:J itj
ROLL CALL VOTE
• , (i AYES ,NOES ABS EX
Introduced By: Jim Rath Arakaki X
Date Introduced: April 19 1995 Bonk-Abramson
First Reading: April 19, 1995 Childs X
Published: April 26, 1995
De Lima X
Domingo X
REMARKS:
Osorio X
Rath X
gay X
Smith X
6 3 0 0
ROLL CALL VOTE
Second Reading: t'^~~' 3 1995 AYFS NOES ABS EX
To Mayor: May 4 , 1995 Arakaki X
Returned: May 10 1995
May 10, 1995 Bonk-Abramson X
Effective: Childs X
n~~blished May 17, 1995
De Lima X
REMARKS: Domingo X
Osorio X
Bath X
gay X
Smith X
7 1 0
I DO HEREBY C as adopted by the County Council and published as
indicated above. APPRO ED as 1
FORM fvALl
CORPO+cATiON COUNSEL COIIN IL CNAIRM/1 ~i~
COUNTY OF HAWAII ,~i~~~"I/
9 1995] .
Dnte MAY C lIN7YCLERK
.9pptoved/Diewppreeed this w day
OR, COLiNTY WAIL Bill No.: 20 (Draft 2 )
Referrnce: C-139/RDC-1
Ord No.:
w
Y
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. as
~ (DRAFT 5.=.
ORDINANCE NO. 74
AN ORDINANCE RELATING TO THE ESTABLISHivIENT OF A GEOTHERMAAI, ASSET
FUND.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2 of the Hawaii County Code, is hereby amended, by the addition
of a new article to be appropriately numbered and to read as follows:
ARTICLE GEOTHERMAL ASSET FUND
SECTION 2 Pursuant to Section 10-12 of the Hawaii County Charter a special fund
be known as the Geothermal Asset Fund is created.
The Geothermal Asset Fund shall be funded by payments made by Puna
~ieothermal Venture A Hawaii Partnership, its successors or assigns and the State of Hawaii for
~e ~uroose of co>~ensatingpersons im~cted b~geothermal enerov develovment activities
pursuant to the provisions incorporated in Geothermal Resource Permit No 2
(bl Payments from the asset fund shall be administered and expended in
accordance with rules regulations and Qrpcedures developed for that puroose and adopted by the
Hawaii County Planning lommission in accordance with Chapter 9l. Hawaii Revised Statutes.
~~zC~PnSeS incurred bathe Planning Commission such as administrative costs
rPi rPri rn aPnthe[mal resource permits eeothermal develop*nPnt compliance activity and
p_rpc~ssin~ of claims aeainst the asset fund shall not be chareed to the asset fund
~dl All interest and earnines accrued from the money and assets deposited in the
EXHIBIT
3
-----T
asset fund shall be expended for the purposes for which this fund has been created
(el No claim made pursuant to this section will be deemed a claim against the
County. nor will the payment of anv claim be construed as an admission of fault by the County
or its officers. employees. or aggnts.
(fl The denial of anv claim made under this Geothermal Asset Fund in whole or
in Hart. shall not prevent the claimant from up rsuine anv other remedy at law against the
Geothermal Pertnittee and State of Hawaii.
SECTION 2. Ordinance 90-142, Effective Date: November 20, 1990, Relating to
creation of a special fund entitled the "Geothermal Asset Fund" is hereby repealed.
SECTION 3. New material is underscored. Material to be repealed is bracketed. In
printing this ordinance, the brackets, bracketed material and underscoring need not be included.
SECTION 4. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance aze declared to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
RODU
UNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: April 19, 1995 AS 'IC) FORM AIQD LEGALITY:
Date oflstReadine: April 19, 1995 / f
Date of 2nd Reading: May 3, 1995 ~<<4=~--[~ ~~->~.:ut:<
June 1, 1995 Deputy Corporation Counsel
Effective Date:
Ft~
Y
OFFICE OF THE COUNTY CLERIr
County of Hawaii
u;in .Hawaii jj ~ ; _
(DRAFT 4A
ROtL CALL VOTE
AYES NOES ABS I Er
Introduced By: Jim Rath Arakaki X
Date Introduced: April 19, 1995 Bonk-Abramson X
First Reading: April 19, 1995 Childs X ~
Published: April 26 1995 De Lima X ~
Domingo ~ I
REMt1RK5: Osorio X ~ ~
Rath X
Ray X ~
Smith X ~ ~
6 3 n I
DRAFT SA
ROLL CALL VOTE
Second Reading: l'taY 3 1995 AYES NOES ABS I Ex ~
To Mayor: Mav 16 1995 Arakaki X
Retumed: Mav 24 1995 - Bonk-Abramson X
Effective: June 1 1995 X
June 1995 Childs
ublished g
De Lima
REMARKS: Domingo }I
05/24/95 Returned fran Mavor unsigned. be- Osorio X
came effective at the end of the 10 day period nth X
required for the Mavor's signature. Ray X
Smith X
7 1 1 0 ~
I DO HEREBY C as adapted by the Caunfy Council and published as
indicated above. AFPRO ~O ,.s i
FOR nd L'' A r
i
/ CORpORATtON COUNSEL CO IL II N D~ ~4
C-O7UtJTY OP HAWAII u~C;GCi?~+~(
pate 7 2 M ~ - S COUNTY CLERK
Approved/Disapproved fhis day
of 19
B;11 No.: 45 (Draft SA )
MAYOR, COUMY OF HAWAII C-205/FC-61
Referrncr.
Ord No.:
JNtt OF N,.Y
BARBARA BELL v° - KAIPO KINCAID
. ~k.'; Deputy County Gerk
County Gcrk i~ _
CONSTANCE R. KIRIU
si y~ •ot;•rC Legislative Auditor
OFF ~oF NFL
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hawaii County Building _
25 Aupuni Street
Hilo, Hawaii 96720
December 21, 1995
The Honorable Mazie Hirono ~ ,
c
Lieutenant Governor
State of Hawaii
State Capitol
Honolulu, Hawaii 96813
Dear Ms. Hirono:
Pursuant to HRS 91-4, enclosed are the original and one copy of Rule
No. 14, Geothermal Asset Fund, of the Planning Commission's Rules of
Practice and Procedure, County of Hawaii, State of Hawaii.
We trust this submission is in order.
Sincerely,
Barbara Bell
County Clerk
Enc. - 2
ac: Ombudsman
Corporation Counsel
State Law Library
,/Planning Commission
EXH~~It ~
PLANNING COMMISSION
COUNTY OF HAWAII
RULE 14 EOTHERMAL ASSE
FZ_ UND
14-1 A, hority
Pursuant to the authority conferred upon the Planning Commission by Ordinance
No. 95-62 and 95-74, the rules and regulations hereinafter contained are hereby
established and shall apply to claims made against the Geothermal Asset Fund.
14-2 )pose
The purpose of this rule is to allow the Planning Commission to authorize payment of
money from the Geothermal Asset Fund to claimant(s) whom the Planning Commission
fords has been adversely impacted by activities authorized or unauthorized by
Geothermal Resource Permit No. 2, issued by the County of Hawaii, and to authorize
payment for community approved geothermal impact mitigation projects within the
District of Puna. The Geothermal Asset Fund was created pursuant to Condition
No. 51 of Geothermal Resource Permit No. 2, issued to Puna Geothermal Venture on
October 3, 1989.
14-3 Definition
(a) "Hearing" means the taking. of evidence concerning a claim for the purpose of
voting on a recommendation to the Planning Commission as to the granting or
denial of the claim.
(b) "Expert Witness" means any person whom the Planning Commission determines
to be an expert through knowledge, skill, experience, training or education to
provide scientific, technical, or other specialized knowledge that will assist in
the understanding of the evidence. In determining the issue of assistance, the
Planting Commission may consider the trustworthiness and v2!:dity of the
scientific technique or mode of analysis employed by the proposed expert.
14~ C'=eneral Procedures
All claims for release of monies from the Geothermal Asset Fund will be presented to
and reviewed by a Professional Claims Adjuster, who will then present its findings and
recommendations to the Planning Commission. The Planning Commission will review
these findings and then render a decision.
i
14-5 ~Pothermal Asset Find Claimc Adiuster
A professional claims adjuster will be selected by the Planning Commission after
receiving a list of names selected through requirements of the State Procurement Code.
Unless otherwise required by Statute, the claims adjuster will serve for a period of five
(5) years. In the event that five (5) yeazs have passed and the life of the Geothermal
Asset Fund is extended, the Planning Commission may either ask for a new list of
names to choose another claims adjuster or extend the claim.; adjuster who previously
served the Planning Commission.
14-6 F.li ibili of Claimc
Claims for compensation from the Geothermal Asset Fund may be filed by any person
or organization who is adversely impacted under the activity of geothermal
development authorized or unauthorized under Geothermal Resource Permit No. 2,
granted by the County of Hawaii. Persons or organizations that have already been
compensated for damage claims due to a specific event through means other than this
Geothermal Asset Fund shall not be eligible to file claims for compensation for the
same event against this fund. Claims filed with the Planning Department prior to the
adoption of the rule may be reaffirmed through the filing of necessary information
pursuant to this rule.
(a) Claims for community approved mitigation projects shall address the alleviation
or attenuation of the direct detrimental effects of geothermal operations carried
out pursuant to Geothermal Resource Permit No. 2.
(b) Claims for temporary relocation shall indicate dates and duration.
(c) Adverse impacts shall include physical injury, medical and health conditions,
business or economic loss, nuisance, or any other claim of adverse impact
which is able to be substantiated by evidence.
(d) Adverse impact claims may be supported by documents such as doctor's
affidavits, photographs, bills, invoices, other expert opinions or testimony, etc.
Documents shall be provided upon request.
(e) Claims will be acted upon with initial filing date setting the first come, first
served basis. Any claim received before the passing of this rule will need to be
resubmitted to follow the guidelines set forth in this rule.
(t) An action on the merits of a claim by the professional claims adjuster to
recommend approval or denial of a claim and subsequent Planning Commission
action to confirm or reject the claims adjuster's recommendation shall, after
-2-
exhaustion of the Planning Commission appeal process, become Final and shall
bar any subsequent claim before the Planning Cotmission by the same
claimant(s) based upon the same facts.
14-7 Filin~of Claims
(a) All claims for compensation for adverse impact pursuant to this rule shall be
filed with the Hawaii County Planning Department, 25 Aupuni Street, Hilo,
Hawaii 96720.
(b) Each claim shall include the following information:
(1) Name of claimant(s). When the claimant is an organization, the claimant
shall submit a list of officers, a membership list, and a copy of the
organization's by-laws.
(2) Address of claimant(s).
(3) Tax Map Key of claimant(s).
(4) Date of filing of claim.
(5) Description of the nature of the claim, including the way in which the
claimant(s) has been adversely impacted and the compensation sought.
(6) List of documents supporting the claim, showing evidence of adverse
impact.
(7) Fifteen (15) copies of the claim and all supporting documents. .
(8) Notarized signature of the claimant(s) on the claim.
(c) The claim application and submitted evidence shall be a matter of public record
and copies shall be distributed to the Planning Commission members who will
hear the claim.
14-8 I~IlBES
(a) Scheduling of Hearing. Whenever an application is made for compensation, the
claims adjuster shall submit a recommendation to the Planning Commission
within ninety (90) days of the receipt of the application and all supporting
documents.
-3-
+ .
(b) Documents, Applications, Amendment, Dismissal. All papers, documents and
applications must be written, typewritten, or printed and signed in ink by the
party signing the same and must be legible. The signature of the person signing
the document or application constitutes a certification that they have read the
document, that to the best of their knowledge, information, and belief, every
statement contained in the document is true and no such statements are
misleading. If any document or application filed with the claims adjuster is not
in substantial conformity with the applicable rules as to the contents thereof, or
is otherwise insufficient, the claims adjuster may recommend to the Planning
Commission dismissal of such document or application or may require its <
amendment. If amended, the document or application shall be effective as of
the date of the submittal of amendments.
(c) The claims adjuster shall recommend to the Planning Commission whether or
not the claim has merit and, if so, what amount of compensation. It shall be
forwarded to the Planning Commission within ninety (90) days of filing with the
claims adjuster. The Planning Commission may vote to pay the claimant(s)
after reviewing the supporting documents and the recommendation made by the
claims adjuster if it finds that:
(1) The claimant(s) has been adversely impacted by the activities authorized
or unauthorized by Geothermal Resource Permit No. 2, issued by the
County of Hawaii, and
(2) The amount of compensation to be granted is deemed by the Planning
Commission to be appropriate for the damage caused by the adverse
impact as a result of the activity permitted or not permitted by
Geothermal Resource Permit No. 2, issued by the County of Hawaii, or
(3) The proposal for a Puna community mitigation project will be for the
benefit of a majority of Puna residents most directly impacted by
geothermal development activities permitted or not permitted by
' Geothermal Resource Permit No. 2, issued by the County of Hawaii.
(d) The Planning Commission may bring ~r. expert witnesses to review the
supporting documents and recommendation made by the claims adjuster and
then to assist it in making the fatal decision on any claim. These may include a
County Doctor or other such experts as the Planning Commission shall deem
necessary.
(e) Compensation shall be granted or denied by an affirmative vote of the majority
of the entire voting membership of the Planning Commission (five of the nine
members) or by default by the Planning Commission choosing not to consider
the claims adjuster's recommendation.
14-9 laimc Adju ter'c Reco mendations
The claims adjuster shall recommend to the Planning Commission its recommendation
based on the following determinations:
(a) Basis for the Determination that Adverse Impacts have occurred. Adverse
impacts will be assumed if any of the following are shown to be true.
(1) The geothermal development activities have had unreasonable adverse
health, environmental, or socio-economic effects on a resident(s) or
surrounding property(ies), or
(2) The geothertnal development activities have unreasonably burdened
public agencies to provide roads and streets, sewers, water, drainage,
school improvements, and police and fire protection, or
(3) There are no reasonable measures available to mitigate the unreasonable
adverse effects or burdens referred to above.
(b) Basis for Recommendation to Grant Claim. The claims adjuster shall
recotnmend that a claim be granted if it finds that:
(1) The claimant(s) has been adversely impacted by the activities authorized
or unauthorized by Geothermal Resource Permit No. 2, issued by the
County of Hawaii, and
(2) The amount of compensation to be granted is appropriate for the damage
caused by the adverse impact resulting from the activity permitted or not
permitted by Geothermal Resource Permit No. 2, issued by the County
of Hawaii, or
(3) The proposal for a com~:~unity approved Puna mitigation project will be
for the benefit of a majority of Puna residents most directly impacted by
geothermal development activities permitted or not permitted by
Geothermal Resource Permit No. 2, issued by the County of Hawaii.
These fmdings for recotmendation to grant the claim shall be stated in writing
and a copy shall be given to the claimants.
-5-
y
(c) Basis for Recommendation to Deny a Claim. The claims adjuster shall
recommend that a claim be denied if it fords that:
(1) The claimant(s) has not been adversely impacted by the activities
authorized or unauthorized by Geothermal Resource Permit No. 2,
issued by the County of Hawaii, or
(2) The proposal for a Puna community mitigation project, would not be for
the benefit of a majority of Puna residents most directly impacted by the
geothermal development activities permitted or not permitted by
Geothermal Resource Permit No. 2, issued by the County of Hawaii.
These findings for recommendation of denial of the claim shall be stated in
writing and a copy shall be given to the claimant(s).
14-10 Plan_nin o mi ion Action
(a) The Planning Commission shall review the findings and recommendation prior
to announcing the decision or the date when its decision will be announced. If
the Planning Commission does not make a decision on the claims adjuster's
recommendation within ninety (90) days from the close of the hearing, the
claims adjuster's recommendation becomes final.
(b) Reconsideration by Planning Commission. Any commissioner who voted with
the majority may move to reconsider a vote on a claim at the same meeting or
the next regular meeting. A decision shall not be reconsidered more than once.
14-11 Award of Comnensation
Upon voting to award compensation to claimant(s), the Planning Commission shall
prepare a written, brief statement of the facts upon which the vote was decided, a
fording that the claimant(s) was adversely affected by the activity permitted or not
permitted by Geothermal Resource Permit No. 2, issued by the County of Hawaii, and
a statement of the amount of compensation.
14-12 Denial of Award of Comnensation
Upon voting to deny an award of compensation to the claimant(s), the Planning
Commission shall prepare a written, brief statement of the facts upon which the vote
was decided, a finding that a claimant(s) was not adversely affected, that the proposed
project does not mitigate direct detrimental effects caused, or the proposed project will
not be for the benefit of a majority of Puna residents most directly affected by the
-6-
activity permitted or not permitted by Geothermal Resource Permit No. 2, issued by
the County of Hawaii.
14-13 AppTa1
The decision of the Planning Commission whether by vote or by default may be
appealed to the Board of Appeals by the claimant within thirty (30) days from the
written receipt of the decision of award or denial.
14-14 When Rules are Silent
The rules of parliamentary practice and procedure, as laid down by Robert's Rules of
Order, Revised, and where not inconsistent with this rule, shall govern the claims
adjuster.
14-15 Petition for Adoption Amendment or ReFeal of Rules
(a) Any interested person may petition the Planning Commission requesting the
adoption, amendment or repeal of any rules of the Geothermal Asset Fund rule.
(b) The petition shall be submitted in fifteen (15) copies and shall include:
(1) A statement of the nature of the petitioner's interest.
(2) A draft or the substance of the proposed rule or amendment or a
designation of the provisions sought to be repealed.
(3) An explicit statement of the reasons in support of the proposed rule,
amendment or repeal.
(c) The Planning Commission shall within sixty (60) days after the submission of
the petition either deny the petition in writing, stating its reasons for such
denial, or initiate proceedings in accordance with Chapter 91-3, Hawaii Revised
Statutes, for the adoption, amendment or repeal of the rule, as the case may be,
and shall have the community participation and input as stated in Cond?~:pn
No. 5] of Geothermal Resource Permit No. 2.
14-16 Relocation "
The Geothermal Asset Fund may be used for relocation and payment for adverse
impacts.
-7-
i ,
14-17 Other Rights
Nothing in this rule shall be construed to deprive or deny any person any other rights
or recourse under law.
Adopted this 11th day of
October , 1995.
U n r
I \ ~ t`" ~ ,Chairman
Planning Commission
County of Hawaii
APPROVED AS TO FORM AND LEGALITY:
ORPORATION COUNSEL
County of Hawaii
~zl~~/9s
Date
-8-
Planning Commission
County of Hawaii
Rule 14. Geothermal Asset Fund
I hereby certify that the foregoing Rule 14. Geothermal Asset Fund was received and filed in
my office this 19th day of December , 1995.
BARBARA BELL
County Clerk
-9-
i
CONSULTANT SERVICES CONTRACT
THIS CONTRACT' , ade,b~,and betwc~nt~COUNTY OF HAWAII, a municipal
corporation by its^Mayor, hereinafter referred to as "County,"
and WOOD & TATT whose mailing address is 820 Piilani Street, Suite 201, Hilo, Hawaii
96720-4600, is hereinafter referred to as "Consultant."
Witnec._seth:
WIHIREAS, the Council of the County of Hawaii adopted Ordinance No. 95 62
effective May 10, 1995, relating to the duties of the Planning Commission; and
WF~REAS, such ordinance required the Planning Commission to administer,
adjudicate and authorize payment from the Geothermal Asset Fund; and
WI~REAS, the Planning Commission adopted its Rule 14, relating to the Geothermal
Asset Fund, which authorizes the payment of money from the Geothermal Asset Fund to
claimant(s) whom the Planning Commission finds has been adversely impacted by activities
authorized or unauthorized by Geothermal Resource Permit No. 2, and also to authorize
payment for community approved geothermal impact mitigation projects within the Puna
District: and
WI~REAS, Rule 14 states that a professional claims adjuster will be selected by the
Planning Commission to review all claims and present its findings and recommendations to the
Planning Commission; and
WHEREAS, the consultant is a qualified claims adjuster and is familiar with the Puna
Geothermal Venture facility and surrounding azea.
NOW THEREFORE, in consideration of the premises set forth herein, the parties
hereto agree as follows: .
p, Fmpjovment of Consui~nt. The County hereby agrees to engage the Consultant
and the Consultant hereby agrees to perform the services hereinafter set forth. The Consultant
represents that it has, or will secure at its own expense, all personnel required in performing
the services under this contract. All of the services required hereunder shall be performed by
the Consultant or under its supervision, and none of the work or services covered by this
contract shall be subcontracted without the prior written approval of the County.
g, _RPet R_ffort. Consultant agrees that it will, at all times, faithfully, industriously,
and to the best of its ability, experience, and talents, perform all of the duties that may be
required of it pursuant to the express and implicit terms hereof to the reasonable satisfaction of
the County. E X H I B I T
i .
C. cope of Sprvi c, The Consultant shall do, perform and carry out in a
satisfactory, and proper manner, as determined by the Planning Commission of the County of
Flawaii or as may be modified by written agreement by the parties as hereinafter set forth, the
following services:
1. The Consultant shall review the claims filed. In doing so, the
Consultant may contact the individual who filed the claim. In its
investigation, the Consultant may also contact the representatives of
Puna Geothermal Venture.
2. The Consultant shall submit a recommendation on a claim to the
Planning Commission within ninety days of receipt of the claim form
and all supporting documents.
3. The Consultant shall recommend to the Planning Commission whether or
not the claim has merit and, if so, what amount of compensation.
D. Services of the County,
1. The Planning Department shall place at the disposal of the Consultant all
pertinent information that it may have in its possession or to which it
may have access to.
2. The Planning Department shall cooperate fully with the Consultant and
shall coordinate all information needs and requests of the Consultant,
including but not limited to arranging for consultant's access to various
County departments, as well as Puna Geothermal Venture, for
information relevant to this contract.
3. The Planning Department shall process payments to the Consultant.
E. Terms of the Contract. The services of the Consultant under this contract shall
wmmence immediately upon execution of this contract and shall be for a period of five years.
If the Consultant's work is delayed by indecision or lack of information on the part of the
County, the Consultant may request an extension of time for performance of such tasks. The
County may grant a reasonable extension and shall notify the Consultant of any extension in
writing.
2
1
F, t~pensadon, The fee schedule for the 5-year period shall be at the rates not
to exceed $78.00 per hour, plus other minor expenses such as tapes, photographs, mileage,
etc. In no event shall the contract amount total more than FIVE THOUSAND AND NO/100
($5,000.00), unless this agreement is amended by the parties hereto, in writing.
G. 41elIIeishil2. It is understood that the County is the exclusive owner of all work
products developed by the Consultant for the County and that the Consultant is prohibited from
selling such work to other parties.
g, F.m,~l~vmen S atnc. It is agreed and understood that the Consultant shall not be
entitled to the benefits and privileges of an employee of the County of Hawaii under the
County's Civil Service System, and it is further agreed and understood that the Consultant
shall be excluded from participating in any fringe benefits resulting from work performed
under this contract.
I. TramiII3tioII• This contract may not be terminated by either party except by
mutual agreement on ten (10) days written notice to the other. In the event of any violation by
the Consultant of any of the terms of this contract, the County may elect any remedy available
to it in law or in equity without limitation, including, but not limited to termination of this
contract for independent professional services without prior notice in which event the County
shall be liable to pay for such satisfactory services performed as of the date of the breach of
this contract. All materials, data, documents, or information gathered, compiled, produced, or
obtained pursuant to this contract shall be the property of the County, and the Consultant shall
immediately, upon termination of this contract, deliver over said materials to the County. It is
understood and agreed that any services to be provided in accordance with the terms of this
contract may be terminated immediately, in whole or in part, upon a finding by the County
that the services must be provided by public employees pursuant to Civil Service Laws or that
such services will be discontinued. It is further understood, that should such a finding be
made, the County will not be liable under this contract for any resulting damages, and such a
termination will not be considered a breach of this agreement.
J, Modification of .ontract. No waiver or modification of this agreement or any
covenants, conditions, or limitations herein contained shall be valid unless iri writing and duly
executed by the party to be charged there!u~~tl!, and no evidence of any waiver or modification
shall be offered or received in evidence of any proceedings, arbitration, or litigation between
the parties hereto arising out of or affecting this agreement, or the rights or obligations of the
parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid,
and the parties further agree that the provisions of this section may not be waived except as
herein set forth.
g_ h n c. The County may from time to time require changes in the scope
of services of the Consultant to be performed hereunder. Such changes, including any increase
or decrease in the amount of the Consultant's compensation, shall be incorporated by written
3
amendment to this agreement.
L. Liability. The Consultant shall indemnify, defend, and hold harmless the
County from claims, suits, actions, damages, and costs resulting from its errors, omissions,
and negligent acts in the performance of these services.
M. Accignm .n . Portions of this contract may be subconsulted; however, not
without the County's prior written permission.
N. Non-Discrimination. The Consultant agrees that it will not discriminate against
any employee or applicant for employment because of race, color, religion, sex, or national
origin. The Consultant will assure that applicants for employment and employees are treated
fairly during employment without regard to their race, color, religion, sex, or national origin.
Such actions shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection of training.
Q, Tax c'learan .e. In accordance with Section 103-53 and 237-45, Hawaii Revised
Statutes, the final payment on this agreement shall not be settled until the Consultant obtains
receipt of a tax clearance.from the Tax Commissioner to the effect that all delinquent taxed
levied or accrued under State statutes against the Consultant have been paid.
p. Non-Gratuiri Affidavit. Anon-gratuity affidavit form will be required to be
executed by the Consultant before final payment will be authorized.
IN WITNESS ~'~y]tEOF, the parties hereto have caused this contract to be executed
this a9~' day of~uS[ , 1997.
COUNTY OF HAWAII
~E;~:;;;,Mayor
CONSULTANT
S 7. T ice President
WOOD & TA1T
4
RECObIIvIENDED FOR APPROVAL:
VIItG GO S
Planning Director
APPROVED AS TO FORM
AND LEGALITY:
RICHARD WURDEMAN
Corporation Counsel
f:\wpwie60\dep[\tait.eon
5
COUNTY OF HAWAII
CERTIFICATION OF AVAILABILITY OF FUNDS
I hereby certify that on the date of filing of this
contract with the Director of Finance, there remains an
unexpended amount of
E5,000.00 in 010-141-5141.02-115
sufficient to cover the obligation of the County of Hawaii
under this contract.
Contract Title: CONSULTANT - GEOTHERMAL CLAIMS ADJUSTER
Vendor: Wood & Tait
Contract No.: 98045
~.r( Director of Finance
Date: August 28, 1997
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this ~ ~ day o ' , 1997, before me personally
appeared STEPHEN J. TAIT, VICE OF WOOD & TATT, to me known
to be the person described in and who executed the foregoing instrument, and
acknowledged that he executed the same as his free act and deed.
Witness my hand and seal. `
~~Cc_~ ~ ,
Notary Public, State of H sii
My Commission Exp' ~ 7 l
G.S-
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this day of ~~~.5~ 19 5l , before
me personally appeared WILLIAM G. DAMS, to me personally
known, who, being by me duly sworn, did say that he is the
Acting Mayor of the County of Hawaii, a municipal corporation
of the State of Hawaii; that the seal affixed to the foregoing
instrument is the corporate seal of the said County of Hawaii;
that the foregoing instrument was signed and sealed in behalf
of the County of Hawaii by authority given to said Acting Mayor
of the County of Hawaii by Section 5-1.5 of the County Charter,
County of Hawaii (1991), as amended; and said WILLIAM G. DAM S
acknowledged said instrument to be the free act and deed of
said County of Hawaii.
~A y
Notary ublic, State~of Hawaii
ll
My commission expires:
v
. - _
' ~ ~',n'.
~
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n _ .r
COUNTY OF HAWAII PLANNING DEPARTMENT
GEOTHERMAL RELOCATION PROGRAM
GEOTHERMAL ROYALTY FUND
In June of 1995, Mayor Stephen Yamashiro transmitted a draft ordinance to the County Council
proposing to establish a Geothermal Royalty Fund (GRF). The mayor proposed that initially, the
fund support a geothermal relocation program. The reason for the establishment of a geothenmal
relocation program is that past efforts to fund permanent relocation of residents in the area
through state legislative appropriations have not been successful While many residents do not
wish to be relocated from the area, there are a few who have expressed interest in being
relocated. A permanent relocation program was determined to be an appropriate use of the GRF.
Attached to the draft ordinance submitted to the County Council was the description of the
Geothermal Relocation Program (Exhibit A) and a map depicting aone-half mile and one mile
radius from the location of the power plant (Exhibit B). The relocation program would initially
apply only to owner-occupants who:
1. Reside within one mile radius of the PGV power plant.
Note: The one-mile radius from the power plant was initially selected since there
are not enough, funds to initially accommodate all owner-occupants
willing to relocate. This does not mean, however, that this one-mile
radius may not be extended
further.
2. Purchased their dwelling unit before October 3, 1989 or received a building
permit for this dwelling unit before this date.
3. Expressed a desire to relocate.
The monies in the GRF are from royalties generated by Puna Geothermal Venture (PGV). Based
on State law, the royalties received from PGV are disbursed to the State of Hawaii (50%),
County of Hawaii (30%), and Office of Hawaiian Affairs (20%). The County of Hawaii receives
an annual contribution of approximately $148,000.00. As of October 15, 1997, there is a total
cash of $559,309.18 in the GRF account.
ORDINANCE NO. 96 2
The draft ordinance submitted by the mayor was adopted by the County Council effective
January 12, 1996 as Ordinance No. 96 2 (Exhibit C). This ordinance provided for the
establishment of a Geothermal Relocation Program and Geothermal Royalty Fund. The
ordinance created a special fund known as the Geothermal Royalty Fund. The ordinance also
authorized the Planning Department to establish a geothermal relocation program for the
a ,
relocation ofowner-occupants residing near the PGV power plant. Funding for the Geothermal
Royalty Program shall be from the following sources:
1. Geothermal royalties received from the State Department of Land and Natural
Resources.
2. Proceeds from the sale of properties purchased under this program.
3. Rental fees from any of the properties purchased under this program.
The proceeds from the GAF shall be used in administering and carrying out the purposes of the
Geothermal Relocation Program. Expenditures include, but are not limited to:
1. Costs of any appraisals required under this program.
2. Payment of necessary fees and expenses.
3. Costs for the purchase of an affected dwelling and property.
4. Costs to dispose of or rent the affected dwelling and property.
Pi ANNIN DEPARTMENT RULE 10 -GEOTHERMAL RELOCATION PROGRAM
Pursuant to the mandate by Ordinance 96 2, the Planning Department adopted its Rule 10
relating to Geothermal Relocation Program (Exhibit D) effective July 8, 1996. The rule allowed
the Planning Director to solicit the assistance of a qualified real estate appraiser to assist in
implementing the relocation program. The rule states that the relocation program shall initi
apply only to owner-occupants and the highest priority shall be given to those individuals who:
1. Reside within one mile radius of the PGV facility.
2. Purchased their dwelling unit before October 3, 1989, or received a building
permit for the dwelling before that date and final inspection done by the
Department of Public Works.
3. Express a desire to relocate.
In the event that funds are initially insufficient to purchase all of the dwellings and properties,
those closest to the PGV facility shall be purchased first.
2
9 ,
REAL ESTATE APPRAISER
The Planning Director selected Real Estate Services, Inc. (Peter Young) as the real estate
appraiser to assist in the Geothermal Relocation Program. The consultant services contract
(Exhibit E) $35,000.00 was executed on April 1, 1997. The contract requires the consultant to:
1. Prepaze list of properties within one mile radius of the PGV facility.
2. Decide through Department of Public Works' Building Division and the Finance
Department's Real Property Tax Division records as to owner-occupied dwellings
constructed before October 3, 1989, or those dwellings which received a building
permit before that date and received final inspection from the Building Division.
3. Contact the affected owner-occupants as to whether they would be interested in
relocating and selling their dwellings.
4. Negotiate a purchase price with the affected owner-occupants and present the
negotiated price to the Planning Director.
5. Work with the escrow company to effectuate the purchase of the dwelling.
6. Assist in the re-sale or rental of the purchased dwelling.
ORDINANCE NO. 97 23
The Planning Directoi s request to utilize the funds from the GRF to implement the Geothermal
Relocation Program was adopted by the County Council as Ordinance No. 97 23 (Exhibit F)
effective Februazy 27, 1997. The total appropriation of $496,192.00 included the real estate
appraiser's consultant services contract ($35,000), geothermal clerk-typist salary, and funds for
the purchase of dwellings. With the exception of the $35,000 for the consultant services
contract, the funds budgeted for the 1996-87 fiscal year have since lapsed. As a result, the
Planning Department will be submitting a new appropriation shortly.
f:\wpwin60\dept\summary.grp - Oc[ober 17, 1997
3
a ,
GEOTHERMAL RELOCATION PROGRAM
This relocation program shall initially apply only to owner-occupants who:
1. Reside within one (1) mile radius of PGV power plant.
2. Purchased their dwelling unit before October 3, 1989 or
received a building permit for this dwelling unit before this
date.
3. Expressed a desire to relocate.
Our survey indicates that there are 36 structures in the one mile radius;
however, only 19 have indicated any interest in selling their property (see
attached map).
At this point in time owner-occupants who do not qualify will not be
considered unless exceptional situations exist or if the program itself is
modified.
VG:mjs
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COUNTY OF HAWAII , . STATE OF HAWAII
BILL NO. 105
ORDINANCE NO. 96 2
AN ORDINANCE AMENDING CHAPTER 2, HAWAII COUNTY CODE, 1983 HY ADDING
A NEW ARTICLE TO PROVIDE FOR THE ESTABLISHMENT OF A GEOTHERMAL ,
RELOCATION PROGRAM AND GEOTHERMAL ROYALTY FUND.
BE IT ORDAINED HY THE COUNCIL OF THE COUNTY OF HAWAII: ,
SECTION 1. Chapter of the Hawaii County Code 1983, is
amended by adding a new article to be appropriately designated
and to read as follows:
"Article Geothermal Relocation Program
Section 2-_. The planning department is hereby
authorized to establish a geothermal relocation program for the
relocation of owner-occupants residing near the Puna Geothermal
Venture's plant and who want to be permanently relocated.
Section 2-_. Purchase and sale of affected
properties. Notwithstanding any other provision of this code,
the planning director is hereby authorized to purchase the
affected properties by negotiation for not more than 130"5 of
the assessed value, as determined by the Real Property Tax
Division of the Department of Finance and dispose of the
affected properties by public auction or pursuant to Article 19
of Chapter 2, with the exception of the requirement for Council
Resolution found in Section 2-111(a).
lXHIBIT
J ~
Section 2-_. Creation of fund. Pursuant to
section 10-12 of the Hawaii County Charter, a special fund to
be known as the Geothermal Royalty Fund is hereby created.
Section 2-_. Funding. The geothermal relocation
program shall be funded by proceeds from the following sources:
(a) Geothermal royalties received from the
Department of Land and Natural Resources.
(b) Proceeds from the sale of properties purchased
under this program.
(c) Rental fees from any of the properties purchased
under this program.
Section 2- Expenditures from fund. The proceeds
from the fund shall be used for the necessary expenses in
administering and carrying out the purposes of the geothermal
relocation program. Expenditures relating to the geothermal
relocation program include, but are not limited to:
(a) The costs of any necessary appraisals required
under this program.
(b) The payment of necessary fees and expenses.
(c) The costs for the purchase of an affected
dwelling and property in accordance with this chapter, if
necessary; and
(d) The costs necessary to dispose of or rent
affected dwelling and property .
Section 2- The planning director is authorized to
promulgate rules and regulations for implementation of the
relocation program."
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THE PERSONS SIGNING 'THIS PETITION ~{RE Fi1STjiATED AND
ANGRY WITH THE NOISE LEVEL COMING FROM TH$ GEOTHERMAL PLANT.
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AS A CONCERNED COMMUNITY, WE NEED TO MEET WITH THE
PLANNING DEPARTMENT, HEALTH DEPARTMENT l?[9D CIVIL ~L~°TO
RESOLVE THIS ISSUE. WE NEED THE SUPPORT OF THIS WHOLE
COMMUNITY.
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THE PERSONS SIGNING THIS PETITION ARE FUSTRATED AND
ANGRY WITH THE NOISE LEVEL COMING FROM THE GEOTHERMAL PLANT.
AS A CONCERNED COMMUNITY, WE NEED TO MEET WITH THE
PLANNING DEPARTMENT, HEALTH DEPARTMENT AND CIVIL SERVICE TO
RESOLVE THIS ISSUE. WE NEED THE SUPPORT OF THIS WHOLE
COMMUNITY.
NAME ADDRESS PHONE #
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THE PERSONS SIGNING THIS PETITION ARE FUSTRATED AND
ANGRY WITH THE NOISE LEVEL COMING FROM THE GEQTHERMAL PLANT.
AS A CONCERNED COMMUNITY, WE NEED TO MEET WITH THE
PLANNING DEPARTMENT, HEALTH DEPARTMENT AND CIVIL SERVICE TO
RESOLVE THIS ISSUE. WE NEED THE SUPPORT OF THIS WHOLE
COMMUNITY.
NAPE ADDR SS PHONE #
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